Last Updated on June 5, 2025 by Keith E. McAndrews, Esquire
In a major decision in Commonwealth v. Shifflett, the Pennsylvania Supreme Court ruled that a prior ARD can’t be used to enhance a DUI sentence. The ruling protects people from getting longer sentences without proper legal protections.
Key Takeaways from the Decision
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ARD Is Not a Conviction: ARD is a pre-trial diversion program that allows defendants to avoid court if they do community service, get counseling, and pay court fees. ARD does not require an admission of guilt or include constitutional safeguards such as a jury trial or proof beyond a reasonable doubt.
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Considering ARD as a Conviction is Unconstitutional: Using ARD to make a DUI sentence longer violates the Sixth and Fourteenth Amendments of the United States Constitution. The Court cited Apprendi v. New Jersey and Alleyne v. United States. In these cases, the United States Supreme Court ruled that anything that increases the penalty for a crime must be proven to a judge or jury beyond a reasonable doubt.
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The Court Left the Remainder of the DUI Law in Place: While the portion of the Pennsylvania DUI law that counted ARD as a prior offense was struck down, the remainder of Pennsylvania’s DUI sentencing law remains intact.
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.
What This Means for People Charged with DUI
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.
Are you searching for more information on PA DUI penalties? Visit the Pennsylvania DUI Penalties page.
What Could Happen Next
Because of the court decision, prosecutors in Pennsylvania might stop offering ARD for DUI charges. Additionally, Pennsylvania lawmakers might change the ARD law to exclude people charged with DUI.
Current List of PA Counties No Longer Offering ARD for DUI
Because of the Shifflett decision, the District Attorneys in these Pennsylvania Counties have stopped offering ARD for driving under the influence cases:
- Chester County
- Adams County
- York County
- Pike County
- Clearfield County
- Jefferson County
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.
