PA Court Rules ARD IS a “Prior Offense” of DUI for License Suspension
Posted in ARD,DUI,License Suspension on July 23, 2025
If you’ve resolved a DUI in Pennsylvania through the ARD (Accelerated Rehabilitative Disposition) program, you might think it won’t come back to haunt you, especially in light of the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Shifflet. In that case, the Court ruled that ARD was NOT a prior offense of DUI for criminal sentencing purposes. But the same court reached the opposite decision with regard to licenses.
In Ferguson v. PennDOT, decided on July 22, 2025, the Court ruled that PennDOT can legally treat an earlier ARD as a “prior offense” when determining license suspensions for new DUI convictions. That means your first DUI — even without a conviction — could still cost you your license if you’re arrested again within 10 years.
What Happened in Ferguson v. PennDOT?
In 2012, Ferguson was arrested and charged with a Pennsylvania DUI. The case was resolved via ARD, and upon his completion of the program, his charges were dismissed.
But in 2020, Ferguson was convicted of another DUI, this time for general impairment under 75 Pa.C.S. § 3802(a)(1). Even though it was graded as an ungraded misdemeanor, PennDOT imposed a one-year driver’s license suspension because it considered the 2012 ARD as a “prior offense” and thus treated the 2020 DUI as a second offense.
Ferguson appealed the suspension and argued that ARD was not a conviction becuase there was no admission of guilt, so the ARD should not be considered a “prior offense” for license suspension purposes.
What Did the Pennsylvania Supreme Court Decide?
The Supreme Court rejected Ferguson’s challenge and upheld the license suspension. The Court made several key points:
License suspensions are civil, not criminal, so due process protections like proof beyond a reasonable doubt or jury trial don’t apply.
The Court ruled that the law making ARD a “prior offense” is rational and fair, as it aims to deter repeat DUI offenses and protect public safety.
Choosing ARD is voluntary, and drivers who accept it are aware that it comes with consequences if they reoffend.
In short, even though ARD is not a conviction, the Court ruled that the legislature can legally treat it as a prior offense for the specific purpose of suspending a driver’s license after a second DUI.
How This Affects Pennsylvania DUI Offenders
While ARD is not a “prior offense” for a criminal case, meaning it will not subect a person to the increased mandatory minimum fines and periods of jail time, ARD is a “prior offense” when PennDOT is calculating the length of time to suspend a license and when determining Ignition Interlock Limited License (IILL) eligiblity.
Facing DUI Charges After ARD? Call a Pennsylvania DUI Defense Lawyer
If you’ve been charged with DUI and previously accepted ARD in Pennsylvania, you need experienced legal representation right away. At JD Law, we help drivers protect their rights, minimize penalties, and navigate the complex DUI laws in Pennsylvania.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.