New 2025 Pennsylvania DUI Law: How Act 58 Changes the Impact of ARD
Recent changes to Pennsylvania’s DUI laws have significantly altered how prior Accelerated Rehabilitative Disposition (ARD) in DUI cases can affect later charges. In Commonwealth v. Shifflett, the Pennsylvania Supreme Court held that a DUI resolved through ARD could not be treated as a “prior offense” for purposes of increasing the grading or penalties in a subsequent DUI case, because ARD is not a prior conviction and does not provide the same procedural safeguards. This decision led to some repeat DUI offenders being sentenced as if they were first‑time offenders, which many policymakers and prosecutors viewed as a loophole in the law.
In response, the General Assembly passed HB 1615, and Governor Josh Shapiro signed it into law in December 2025 as Act 58. Act 58 amends Pennsylvania’s DUI framework to address the impact of prior diversionary dispositions such as ARD and is specifically intended to respond to the Shifflett decision. The Act creates a new offense category and adjusts record‑retention rules so that certain prior DUI‑related diversions can again have consequences if a new DUI occurs within a specified time frame.
What is the “DUI Following Diversion” Offense?
Act 58 creates a specific offense commonly referred to as “DUI Following Diversion.” Under this framework, a person who completes ARD for a DUI (or another qualifying diversionary disposition for DUI defined in the statute) and then commits a new DUI within 10 years of completing that diversion may be charged with DUI Following Diversion. A first conviction for DUI Following Diversion is punished using the same penalty structure that applies to a second‑offense DUI, even though the prior matter was resolved through diversion rather than a traditional conviction. This allows the prior diversionary DUI to be considered in grading and sentencing the new offense without treating ARD itself as a “prior conviction” in the manner rejected by Shifflett.
Key Changes to Pennsylvania DUI Sentencing
While ARD remains an important option for eligible first‑time DUI offenders who want to avoid a conviction and pursue eventual expungement, its long‑term consequences have changed under Act 58:
- ARD records in DUI cases must now be retained for 12 years for purposes of enforcing the DUI laws, with expungement after that period as provided by statute.
- If you complete ARD (or another qualifying diversionary disposition for DUI) and commit a new DUI within 10 years of completing that program, you can face charges and sentencing as DUI Following Diversion, which is treated as a second‑offense DUI for penalty purposes.
- As a result, a subsequent DUI may involve mandatory minimum jail time, higher fines, longer license suspensions, and ignition interlock requirements consistent with Pennsylvania’s second‑offense DUI penalty scheme, depending on the specific blood alcohol level and other circumstances.
Implications for Drivers in Chester County
Chester County courts have long used ARD as a common resolution for eligible first‑time DUI defendants, particularly individuals with strong community ties in West Chester and the surrounding communities. Many people who successfully completed ARD and later had their records expunged believed the prior incident would no longer play a practical role in any future DUI case. Under Act 58, that assumption is no longer safe: if you previously completed ARD for a DUI and later pick up a new DUI within 10 years of completing that program, you may now be prosecuted and sentenced as a repeat offender under the DUI Following Diversion provisions. This change can significantly increase the risk of jail time, the length of any license suspension, and the long‑term impact on employment, professional licensing, and background checks.
Why You Should Consult a Chester County DUI Lawyer Before Choosing ARD
Because ARD can now affect how you are treated for as long as 10 years after completion, choosing ARD is a strategic decision with long‑term implications rather than a short‑term way to “make the case go away.” Before you accept ARD in Chester County, you should talk with a DUI defense attorney who can explain how Act 58 and DUI Following Diversion might apply to your situation and your future risk profile. Attorney Daniel J. Yarnall, a former Chester County prosecutor, leads the criminal defense practice at Unruh Turner Burke and Frees and focuses on DUI and criminal defense matters. If you are facing a DUI charge in Chester County, or if you previously completed ARD and are concerned about how Act 58 may affect you, Dan can provide case‑specific advice about the best way to protect your record, your license, and your professional future.
Contact Daniel J. Yarnall for a Consultation
To discuss your defense strategy or how Act 58 impacts your prior ARD, contact Attorney Yarnall through his firm page: https://www.utbf.com/attorney/daniel-j-yarnall/
Disclaimer: This post is for informational purposes only and does not constitute legal advice or create an attorney client relationship.
