If you’ve been arrested for DUI in Cumberland County, recent changes in Pennsylvania law could drastically affect how your case plays out. Two rulings from the state’s highest court — Commonwealth v. Shifflett and Ferguson v. PennDOT — have shaken up the rules around sentencing and license suspensions. What was once predictable is now anything but. 
In Shifflett, the Pennsylvania Supreme Court ruled that ARD (Accelerated Rehabilitative Disposition) cannot be used to increase penalties for someone facing a second DUI. That means if your first DUI was handled through ARD, and you’re charged again, the court must treat it as a first offense for sentencing. This decision limits the punishment judges can impose, including reduced jail time, smaller fines, and potentially less supervision — at least on the criminal side.
But That’s Not the Whole Story
In a separate case called Ferguson v. PennDOT, the Court said that the Department of Transportation can still consider ARD as a prior offense when deciding license suspensions. That means even if your second DUI is treated like your first in court, you may still face a longer license suspension as if it were your second.
To make things more difficult, prosecutors in Cumberland County have reacted by tightening who qualifies for ARD. It’s no longer automatically offered to first-time DUI defendants. If you try to handle the case yourself, you could find that ARD isn’t even on the table — and you may end up with a conviction and harsh penalties you weren’t expecting.
At The McShane Firm, we understand how these rulings interact — and how to use them to your advantage. We know the strategies that work in Cumberland County and how to push back when the system stacks the deck. Call us today to protect your rights, your license, and your future.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
