If you’ve had a DUI in Pennsylvania and were accepted into ARD, a major new court decision could change everything you thought you knew. 
The Pennsylvania Supreme Court recently decided a groundbreaking case called Commonwealth v. Shifflett. The result? ARD (Accelerated Rehabilitative Disposition) can no longer be treated as a “prior offense” when it comes to sentencing someone for a later DUI.
Here’s what that means in plain English:
If someone had a DUI before and completed ARD — which is a program for first-time offenders that avoids a conviction — and then gets another DUI later, the court must treat that second DUI as a first offense for sentencing purposes. That means lower penalties like less jail time, shorter license suspension, and fewer mandatory fines.
Before Shifflett, prosecutors and judges could use your ARD case to bump up the punishment for a second DUI. Not anymore. The court said that since ARD isn’t a conviction, using it to increase penalties violates your constitutional rights.
But Wait—What About Your Driver’s License?
Here’s the catch.
In a separate case, Ferguson v. PennDOT, the Pennsylvania Supreme Court ruled that PennDOT can still treat ARD as a “prior offense” for the purpose of license suspensions. So while the criminal court might treat your second DUI as a first-time offense, PennDOT can still suspend your license as if it were your second.
Confusing? You’re not alone. That’s why it’s so important to have a legal team that stays on top of these changing laws and knows how to fight for you.
At The McShane Firm, we break down these complex rules and explain how they affect your life. We don’t just handle your case — we protect your future. Call us today if you’ve been charged with a DUI and want to understand exactly what your options are under the new law.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
