District Attorneys Applaud DUI Law to Fix ARD Program Loophole

The Pennsylvania District Attorneys Association issued the following statement about Act 58 of 2025:

Pennsylvania’s prosecutors commend the General Assembly and Governor Josh Shapiro for acting quickly and unanimously to pass HB 1615.

The bill closes a loophole created by the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett, which held that an Accelerated Rehabilitative Disposition (ARD) for a DUI could not be counted as a prior offense when sentencing subsequent DUIs.

ARD is a long‑standing diversion program that helps first‑time offenders avoid a criminal record and change their behavior. But after Shifflett, a new DUI committed after ARD could not be treated as a second offense, making prosecutors hesitant to recommend ARD.

HB 1615 resolves this by creating the offense of “DUI Following Diversion” and allowing courts to consider ARD dispositions from the past 10 years. Prosecutors can now continue offering ARD to first‑time DUI offenders while ensuring repeat offenders are held fully accountable.

The bill also reinforces protections for victims of repeat offenders and their families by guaranteeing that subsequent penalties for DUI offenses—including Homicide by Vehicle While DUI following a prior ARD—are appropriately enhanced and applied.

This reform strengthens a successful diversion program, improves public safety, and provides an avenue to seek treatment and rehabilitation within the court system.

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