ARD No Longer Counts as a Prior DUI Offense in PA

Written by Timothy Czekaj

A major legal decision from the Pennsylvania Supreme Court has big implications for DUI cases across the state. In a recent case called Commonwealth v. Shifflett, the court ruled that ARD, a popular program for first-time DUI offenders, can no longer be counted as a prior offense if someone is charged with another DUI in the future.

This is big news for anyone facing DUI charges in Pennsylvania. It could affect how you’re charged, how you’re sentenced, and even whether you’re treated as a repeat offender. Here’s what you need to know.

What Is ARD and How Did It Impact DUI Charges?

ARD stands for Accelerated Rehabilitative Disposition. It’s a special program in Pennsylvania designed for people who are facing their first DUI charge. If you qualify and complete the program — which often includes classes, community service, and no new arrests — your charges can be dismissed and your record may be eligible for expungement.

But until recently, even though ARD isn’t a conviction, it still counted as a “prior offense” if you got a second DUI later on. That meant harsher penalties, including mandatory jail time, longer license suspensions, and higher fines. Until now, ARD helped you the first time, but hurt you if you faced a subsequent DUI.

What Happened in Shifflett v. Commonwealth?

The case that changed the law started with a man named George Thomas Shifflett. Back in 2012, Shifflett got his first DUI and was accepted into the ARD program. He completed it and moved on.

Ten years later, in 2022, he was arrested for DUI again. This time, the prosecutor wanted to treat it as a second offense because of his earlier ARD. That meant more serious penalties under Pennsylvania’s DUI laws.

But Shifflett and his legal team challenged that. They argued that ARD should not count as a prior offense because it’s not a conviction — there’s no guilty plea, no trial, and no finding of guilt beyond a reasonable doubt. The case worked its way up through the courts, all the way to the Pennsylvania Supreme Court.

What Did the PA Supreme Court Decide?

In May 2025, the PA Supreme Court issued a major ruling. The justices agreed with Shifflett: ARD cannot be treated like a prior conviction when it comes to sentencing someone for DUI.

Here’s why the court said this matters:

• People in ARD don’t go to trial and are never found guilty.
• Under the U.S. Constitution, you can’t increase someone’s punishment unless the fact used to do it (like a prior offense) was either admitted or proven beyond a reasonable doubt.
• Using ARD to enhance a sentence violates constitutional rights.

As a result, the court ruled that ARD is no longer a valid reason to increase DUI penalties. If your only previous DUI-related case ended in ARD, you must be sentenced as a first-time offender.

What Does Shifflett Mean for DUI Defendants in PA?

This ruling has an immediate and powerful impact. If you are currently facing DUI charges and your only past offense was resolved through ARD, you can no longer be treated like a repeat offender.

That could mean no mandatory jail time, lower fines, a shorter license suspension, and eligibility for treatment programs instead of harsher punishment.

This ruling applies across all counties in Pennsylvania, and judges and prosecutors are now adjusting their policies to follow the new law.

This favorable ruling for the defense may also be short-lived. There is already talk of a legislative “fix” coming that is more favorable to the prosecutors that would have ARD reconfigured so that it counts as a prior offense again.  Also, many counties simply aren’t offering ARD for first-time DUI offenders. This deprives otherwise deserving people of the benefit of the program, and really demonstrates the “take my ball and go home” attitude of prosecutors, which is an example of what made Attorney Czekaj decide to be a defense attorney. Prosecutors all over the state don’t like the new law, so they are simply eliminating ARD for deserving Pennsylvanians.  What else would we expect from our prosecutor friends!?

Already Facing DUI Charges? Here’s How Shifflett Might Help You

If you were arrested for DUI and the district attorney is trying to charge you as a second-time offender based only on a prior ARD, your lawyer may be able to challenge that enhancement using the Shifflett decision.

Even if you’ve already been sentenced, it might be possible to ask the court to resentence you as a first-time offender — especially if your sentence was made worse only because of a past ARD.

It’s also possible this ruling could open the door for appeals in older cases, depending on the timing and facts involved.

Should You Still Accept ARD for Your First DUI?

In most cases, ARD is still a good option for people facing their first-ever DUI. It helps you avoid a conviction and keeps your record cleaner.

But because of this ruling, some prosecutors may become more strict about who they allow into ARD. They may limit offers, raise the bar for eligibility, or push for guilty pleas instead. Why? Because they know they can no longer use ARD against you in future cases.

What Are Your Legal Options if You’re Facing a DUI?

This ruling changes the landscape for DUI defense in Pennsylvania. If you’re currently charged with DUI, or you’ve been affected by ARD-related sentencing in the past, you may have new legal options available to you.

Here’s what you should do:

• If you’re facing charges now, talk to your lawyer about how Shifflett affects your sentencing.
• If a prior ARD is being used against you, your attorney can ask the judge to throw out the enhanced penalties.
• If you’ve already been sentenced as a “second offender” because of ARD, you may be able to challenge your sentence.

Questions about ARD and DUI Charges? Czekaj Law LLC Can Help

No matter what, don’t wait. This is a fast-changing area of law, and your rights and freedom could be on the line.

Contact Czekaj Law LLC today to speak with an experienced DUI defense attorney. We’ll review your case, explain your options, and help you take full advantage of the protections now available under the Shifflett decision.

Call 717-275-9770 or fill out our contact form to schedule an initial consultation.