DUI laws in Pennsylvania are changing, and Lancaster County is feeling the impact. Two major court decisions have redefined how DUI cases are handled — both in the courtroom and at the PennDOT level. If you’re facing a DUI charge, understanding these changes could make all the difference in your outcome. 
In Commonwealth v. Shifflett, the Pennsylvania Supreme Court ruled that a past ARD (Accelerated Rehabilitative Disposition) resolution can no longer be used to increase criminal penalties for a future DUI. In other words, if your prior DUI was handled through ARD, and you’re now charged again, the court must treat the new charge as if it’s your first — resulting in lighter potential penalties. However, that only matters if you were granted ARD in the first place — and in Lancaster County, that’s becoming less common.
One Set of Rules for Court, Another for Your License
A separate decision — Ferguson v. PennDOT — upheld PennDOT’s authority to treat ARD as a prior offense when determining license suspension periods. That means even if the judge treats your case as a first-time DUI, PennDOT may still suspend your license as if it’s your second.
DUI law in Lancaster County has taken a serious turn. Following recent court rulings, judges can no longer treat a previous ARD as a prior conviction for sentencing, but PennDOT can still use it to lengthen your license suspension. In response, Lancaster prosecutors have become far more selective with who gets ARD. If you’re facing DUI charges, don’t expect any favors — you need a defense attorney who knows how to fight back. That’s where The McShane Firm comes in.
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