Last Updated on August 26, 2025 by Keith E. McAndrews, Esquire
In a major decision in Commonwealth v. Shifflett, the Pennsylvania Supreme Court ruled that a prior Accelerated Rehabilitative Disposition (ARD) can’t be used to enhance a DUI sentence. The ruling protects people from getting longer sentences without proper legal protections.
Do you need a top-rated Bucks County DUI attorney? Call me at (215) 752-5282 to discuss ways to avoid a DUI conviction.
What This Means for People Charged with DUI
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First-Time Offenders: Defendants with prior ARD dispositions will no longer face increased punishment unless the prosecution had proven the previous offense beyond a reasonable doubt to a judge or a jury.
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Fair Court Procedures: Pennsylvania courts must now make sure that sentencing enhancements do not violate the United States Constitution. A longer sentence based on a prior ARD is now against the law.
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Future DUI Sentences: Prosecutors can’t use ARD to argue for a tougher sentence for a repeat DUI. Evidence of past DUI crimes must be similar to a conviction, not just being in an ARD program.
The Court’s Reasoning for the Decision
The court said that ARD is not the same as a DUI conviction because:
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With ARD, there is no judge or jury trial, and the presumption of innocence does not apply
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With ARD, there is no requirement for proof of guilt beyond a reasonable doubt
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Violating ARD results in a resumed prosecution, not a conviction
The court fixed the Pennsylvania DUI sentencing law by removing the section that was unconstitutional. The remainder of the law remains intact and will protect the rights of people accused of DUI.
Other appellate court cases in Pennsylvania, like Commonwealth v. Chichkin, had also found that it was wrong to use ARD to increase punishments.
Why this Decision is Important
In the future, Pennsylvania courts must treat ARD differently from convictions. Court procedures must be fair, even when the goal is to try to prevent repeat offenses.
The Shifflett decision shows the balance between punishment and fairness, as well as the court’s growing trend of applying stronger due process rights in sentencing.
Are you searching for more information on DUI penalties in Pennsylvania? If so, visit the Pennsylvania DUI Penalties page.
What Could Happen Next
Due to the Shifflett decision, prosecutors in Pennsylvania may stop offering ARD in DUI cases. Currently, persons charged with a first-time DUI must sign a “DUI admission affidavit” before the prosecutor will accept them for admission into the ARD program.
When they sign the affidavit, they agree that the ARD can count as a prior DUI offense if the police charge them with DUI again.
The Shifflett opinion suggests that the ARD-DUI admission affidavits would not meet the constitutional requirements to be considered a prior conviction. Additionally, Pennsylvania lawmakers may consider changing the ARD law to keep people accused of DUI out of the program.
Did the police recently charge you with DUI? Learn more about how to fight the charges on my PA DUI Defenses page.
Changes to ARD for CDL Holders After Shifflett
In York County and in other Pennsylvania Counties, ARD applicants who hold a commercial driver’s license (CDL) must voluntarily surrender their CDL to be considered for ARD admission.
CDL holders are already subject to a minimum 1-year disqualification of their CDL once the court notifies PennDOT of the ARD-DUI admission.
Chester County Announces Stricter ARD Requirements as a Result of the Shifflett Decision
In response to the Shifflett decision, the Chester County District Attorney has announced changes to their admission policy for the ARD program. First-time DUI offenders will not be admitted into the ARD program if any of these facts apply in their case:
- The driver had a high blood alcohol level
- The driver has a lengthy history of traffic offenses
- The driver was speeding at the time of the DUI arrest
- The driver was under the influence of a “hard drug” such as methamphetamine, heroin, or other opiates
Chester County District Attorney Chris de Barrena-Sarobe predicted that the policy change would result in between 10 and 20% fewer ARD admissions. To read more about the changes, see: Chester County set to make ARD admission tougher
Good News for First-Time DUI Offenders: No Changes to ARD in Bucks County, Delaware County, and Montgomery County
Even after the Shifflett ruling, Bucks, Delaware, and Montgomery Counties continue to offer the ARD program to qualifying first-time applicants. An experienced DUI lawyer can help you get into the program and clear your record.
The sooner you contact an attorney, the better your chances of success.
Bucks County DUI Lawyer
Have the police charged you with a first, second, or third offense DUI? If so, I can help you avoid the severe penalties and identify legal defenses in your case. Contact me at (215) 752-5282 for a free review of your case.
