PA Supreme Court Rules ARD in DUI Cases Not a Prior Offense
Posted in ARD on June 15, 2025
On May 30, 2025, the Pennsylvania Supreme Court issued a landmark decision in Commonwealth v. Shifflett, ruling that acceptance into Pennsylvania’s ARD program for a DUI is not a criminal conviction and cannot be considered a “prior offense” for enhancing penalties in future DUI cases.
This decision significantly impacts DUI sentencing in Pennsylvania, overturning a long-standing interpretation of DUI law established under 75 Pa.C.S. § 3806(a).
What Is ARD in Pennsylvania DUI Cases?
The Accelerated Rehabilitative Disposition (ARD) program is a pre-trial diversion program commonly used in first-time DUI offenses in Pennsylvania. Since 2004, ARD acceptance was treated as a prior offense if the defendant faced a subsequent DUI charge within 10 years.
However, the Supreme Court’s new ruling changes that interpretation entirely.
Case Background: George Thomas Shifflett
- In 2012, George Thomas Shifflett entered the ARD program for a first-time DUI offense.
- In 2022, he was arrested for a second DUI.
- The Commonwealth attempted to classify the second DUI as a “second offense”, triggering enhanced penalties under 75 Pa.C.S. § 3804.
- Shifflett challenged this classification, citing constitutional violations under Apprendi v. New Jersey and Alleyne v. United States — which require facts that increase sentencing to be proven beyond a reasonable doubt to a jury.
Supreme Court’s Ruling: ARD ≠ Prior Conviction
The Pennsylvania Supreme Court ruled:
- ARD is not a conviction and does not include the constitutional safeguards of a criminal trial.
- Enhancing a sentence based on ARD violates due process and is unconstitutional under Apprendi and Alleyne.
- As a result, § 3806(a) of the Pennsylvania Vehicle Code was declared facially unconstitutional insofar as it includes ARD as a “prior offense” for sentencing.
🔍 Key Point: Prosecutors must now prove a prior DUI conviction, not just ARD acceptance, to impose harsher penalties.
Implications for DUI Sentencing in Pennsylvania
This decision will have widespread consequences for DUI cases across the state:
✅ Sentencing Reform
- Individuals who previously completed ARD will no longer face enhanced penalties for a new DUI solely based on that ARD.
✅ Prosecutorial Burden
- District Attorneys must now present actual DUI convictions to trigger enhanced sentencing provisions.
✅ New Defense Opportunities
- DUI defense attorneys in Pennsylvania can now challenge sentencing enhancements tied to past ARD participation.
What This Means for DUI Defendants
This ruling strengthens constitutional protections in Pennsylvania criminal law. Anyone previously treated as a “second-time offender” due to ARD may have grounds for sentence reduction or appeals.
Legal Takeaway: Constitutional Protections Reinforced
The Commonwealth v. Shifflett decision affirms that sentencing enhancements must be based on proven convictions, not alternative dispositions like ARD. The ruling could prompt re-evaluation of other criminal statutes where similar enhancements are based on non-conviction resolutions.
Contact a Pennsylvania DUI Lawyer
If you or someone you know is facing DUI charges and previously completed ARD, this new ruling could dramatically affect your case. Contact a State College DUI defense attorney to review your legal options. You can contact JD Law, P.C. for a free case review via email or by leaving a message (814) 689-9139. Email contact is preferred.