If you’ve been charged with driving under the influence of drugs in Pennsylvania, you’re probably overwhelmed and unsure what to do next. Whether it’s your first offense or not, the law under 75 Pa.C.S. § 3802(d)(2) carries harsh penalties, and how your case is handled can change your future forever.
Here’s what you need to know—in plain English—including recent updates from the Pennsylvania Supreme Court and bad news about how Cumberland County is now handling DUI cases.
1. What the Law Prohibits
Section 3802(d)(2) makes it illegal to drive if you’ve taken any drug—legal or illegal—that affects your ability to drive safely.
This includes:
- Illegal drugs (like marijuana or cocaine)
- Prescription drugs (painkillers, sleep aids, ADHD meds, anti-anxiety meds—even if prescribed)
- Over-the-counter meds that cause drowsiness
If police say the drug made you unsafe to drive, you can be arrested and charged—even if you didn’t do anything wrong.
2. What Are the Penalties?
Drug-based DUIs are treated as “highest tier” offenses, even on a first offense. That means jail, license suspension, and fines from day one.
🟥 First Offense
- 72 hours to 6 months in jail
- 12-month license suspension
- Up to $5,000 in fines
- Drug/alcohol evaluation and mandatory treatment
🟧 Second Offense (within 10 years of a conviction)
- 90 days to 5 years in prison
- 18-month license suspension
- Ignition interlock required
- Steep fines and extended probation
🟨 Third Offense
- 1 to 7 years in prison
- Felony charge
- 18-month license suspension
- Severe financial and life consequences
🟥 Fourth or More
- Automatic state prison time
- Maximum license suspension
- You will be treated as a high-risk offender
3. Good News: ARD No Longer Counts as a Prior Offense (Shifflett Decision)
In Commonwealth v. Shifflett (2025), the Pennsylvania Supreme Court ruled that ARD (Accelerated Rehabilitative Disposition) cannot be used to increase penalties for future DUIs.
That means:
- ARD is not a conviction
- If your only prior DUI was resolved through ARD, your new DUI will be treated as a first offense
- This protects your rights and helps avoid unfair mandatory minimums
At The McShane Firm, we are already using this ruling to help clients facing second and third DUI charges get treated fairly.
🚫 Bad News: Cumberland County Has Made ARD Practically Unavailable
Here’s what you need to know if your DUI happened in Cumberland County:
The Cumberland County District Attorney’s Office has adopted a new policy that makes ARD practically off the table—even for first-time DUI offenders.
What this means:
- You may no longer have access to the one program that could’ve kept your record clean
- The DA’s Office is pushing more cases toward pleas or convictions, even for people who’ve never been in trouble before
- You cannot count on leniency—only a strong defense
4. Why This Makes Hiring The McShane Firm Even More Critical
With ARD disappearing in Cumberland County and penalties harsher than ever, you need a real defense—not just someone to hold your hand while you plead guilty.
At The McShane Firm, we fight DUI charges from every possible angle:
🧪 Science-Based Attacks
- We challenge the toxicology, the blood testing methods, and chain of custody
- We use our deep understanding of analytical chemistry, pharmacokinetics, and pharmacodynamics to break down the prosecution’s case
- We look at how the body actually processes the drug—not just what shows up in your blood
🚔 Legal Challenges
- Was the stop legal?
- Did the officer have probable cause to arrest you?
- Were your rights violated?
We find the weak points and exploit them.
📈 Experience That Matters
Hundreds of people across Central Pennsylvania have trusted The McShane Firm to defend their freedom, their license, and their future—because we know what we’re doing.
We don’t dabble in DUI. We dominate it.
📞 Call us now: (717) 657-3900
📍 Proudly serving clients in Dauphin, Cumberland, York, Lancaster, and Adams Counties
ARD might not be available. But your future still is. Let us fight for it.
Stop Googling. Start winning. Call The McShane Firm today.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
