The Pennsylvania Supreme Court has issued a landmark decision in Commonwealth v. Shifflett, significantly changing how DUI offenses are sentenced statewide. As of May 30, 2025, a prior DUI that resolved through Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program can no longer be considered a “first offense” when sentencing for a future DUI conviction.
Under the prior law, a first DUI that was resolved through ARD—a diversion program that avoids conviction and expunges the first arrest counted as a “prior offense” for sentencing purposes. This meant that if a person was charged and convicted of a subsequent DUI, their sentence could include significant jail time, even though the individual was never convicted of the first.
With the ruling in Shifflet, former graduates of the ARD program who are arrested for a second DUI are considered first time DUI offenders and not subject to the same mandatory sentencing penalties they were just one week ago. However, this landmark ruling, has major implications for first time DUI offenders.
Why You Need a DUI Defense Lawyer Now More Than Ever
While this decision is a win for defendants with past ARD cases, it may also signal a shift in how district attorneys across Pennsylvania—including here in Chester County—may handle DUI prosecutions moving forward.
Many prosecutors may now be more selective about who they admit into ARD programs, particularly for first-time DUI offenders. What was once a relatively routine outcome may become harder to secure. Already many ARD administrators in the various counties have paused their ARD admissions as a result of this decision, no doubt to reevaluate their criteria for candidates for the ARD program.
If you’re facing a DUI charge in Chester County, it’s more important than ever to speak with an experienced attorney who understands both the law and the local policies guiding ARD eligibility.
Speak with a DUI Attorney in Chester County
At Unruh Turner Burke & Frees, our criminal defense attorney Daniel J. Yarnall is a former Chester County prosecutor who now defends individuals charged with DUI throughout the region. He understands how this ruling impacts sentencing and what it means for your options—whether you’re seeking ARD or preparing to fight the charge.
To discuss your case, contact our West Chester office at (610) 692-1371 or visit us online.
