If you’ve been arrested for DUI in York County, two major rulings from the Pennsylvania Supreme Court may completely reshape how your case unfolds. These decisions affect both how DUIs are punished in court and how PennDOT handles license suspensions — and they’ve already started shifting how prosecutors handle first-time offenders.
The first decision, Commonwealth v. Shifflett, makes it clear that a prior DUI resolved through ARD (Accelerated Rehabilitative Disposition) can’t be used to increase criminal penalties for a new DUI. That’s a win for defendants — if your previous case ended in ARD and you’re now facing another DUI, the court has to treat it as your first for sentencing purposes. That can lead to reduced penalties, but only if ARD was granted in the first place — and in York County, that’s no longer something you can count on.
PennDOT Plays by Different Rules
While the courts are required to treat your new DUI as a first offense under Shifflett, Ferguson v. PennDOT says PennDOT can still use ARD against you when calculating how long to suspend your license. That means you could get first-offense treatment in court — but still face second-offense consequences for your driving privileges.
DUI cases in York County are now more challenging than ever. With the courts no longer allowed to count prior ARD toward sentencing enhancements, thanks to the Shifflett decision, local prosecutors are scaling back on offering ARD at all. Meanwhile, Ferguson allows PennDOT to treat ARD as a prior for license suspensions, creating a trap for the unprepared. If you’ve been charged, don’t count on getting ARD — and don’t go it alone. The McShane Firm knows how to take the fight to the prosecution and protect your future.
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