Drive Smart, Stay Safe: The Evolving Landscape of Repeat DUI Law

I’ve built our criminal-defense practice at Hart Law on deep courtroom experience—and I cut my teeth as a DUI prosecutor, handling thousands of drunk-driving cases and witnessing the real-world consequences firsthand. But criminal law never stands still: statutes get challenged, appellate courts refine procedures, and what held true yesterday may change tomorrow. That’s why I want to share some recent developments affecting second-offense DUIs—especially when your only prior was an Accelerated Rehabilitative Disposition (ARD). We currently have several clients whose cases were directly impacted by these shifts in the law, and we hope this update keeps you informed. Of course, this isn’t legal advice, but a way to stay up to date on the repercussions of a serious crime. Always give us a call if you’re facing DUI charges.

Commonwealth v. Chichkin (Pa. Super. 2020)

In Chichkin, the Superior Court held that ARD—a diversion program requiring a guilty plea but offering dismissal upon successful completion—does not count as a “prior offense” under 75 Pa.C.S. § 3806. Because ARD waives fundamental protections (jury trial, proof beyond a reasonable doubt) and ends in dismissal rather than conviction, it cannot trigger enhanced second-offense penalties like mandatory minimum jail terms, higher fines, or extended suspensions. Practically speaking, if your only prior DUI was resolved via ARD, you cannot be sentenced as a repeat offender in criminal court without a new finding of guilt.

Commonwealth v. Shifflett (Pa. Sup. May 30, 2025)

Building on Chichkin, the Pennsylvania Supreme Court issued a unanimous decision in Shifflett, grounding the distinction in constitutional guarantees. The Court emphasized that convictions entail rights—notice of charges, counsel, jury trial, and proof beyond a reasonable doubt—that ARD lacks. Elevating ARD to a conviction without these safeguards would violate Due Process and the Sixth Amendment. As a result, courts must exclude prior ARD when calculating mandatory minimum sentences for subsequent DUIs. Under Shifflett, ARD graduates now receive true first-offender treatment: probation, treatment programs, and significantly shorter court-imposed suspensions. Defendants who completed ARD before Shifflett may even petition for resentencing under first-offender guidelines.

H.E. Ferguson v. PennDOT (Pa. Commw. Ct. July 22, 2025)

While Shifflett reshapes criminal sentencing, PennDOT’s civil process follows its own rules. In Ferguson, the Commonwealth Court confirmed that for administrative suspensions under 75 Pa.C.S. § 3804(e)(2)(i), ARD still counts as a “prior offense.” Even if a criminal court treats you as a first-time offender under Shifflett, PennDOT will enforce a one-year administrative suspension for a second-offense DUI when an ARD is on record. The legislature intentionally included ARD within PennDOT’s “prior offense” definition to serve its public-safety mandate, and the courts declined to override that policy.

My Client’s Win

Earlier this year, we represented a client whose only prior DUI resulted in ARD. Facing second-offense mandatory jail and an 18-month suspension, we brought the update of Shifflett to the prosecutor’s attention thereby excluding the past ARD from sentencing. The DAs office agreed—our client received probation instead of jail and no court-ordered suspension as a result of the criminal charge. Meanwhile, PennDOT still imposed the full 12-month administrative suspension under Ferguson. We then advised on petitioning for early ignition interlock eligibility after serving half that term (six months). Once granted, the client will regain limited driving privileges under IID monitoring well before the year is up. But it’s important to realize that while Shifflett was a major win for those facing second DUIs, PennDOT operates on a civil system separate and apart.

The Importance of Avoiding DUIs

Having prosecuted thousands of DUI cases early in my career, I’ve seen the toll these convictions take: financial strain, career setbacks, and the risk of tragic accidents. Beyond court penalties—fines, jail time, license suspensions—every decision to drive impaired endangers lives. No social engagement is worth that risk.

Tips to Stay Safe:

• Designate a sober driver before drinking begins.

• Use rideshare services or taxis when you plan to drink.

• Alternate alcoholic drinks with water and eat before drinking.

• Consider a personal breathalyzer to monitor your blood-alcohol level.

• Plan overnight stays or carpooling for events involving alcohol.

Quick Takeaways

• ARD ≠ Criminal Conviction: Chichkin and Shifflett bar ARD from triggering enhanced criminal penalties without a new finding of guilt.

• First-Offender Relief: Under Shifflett, ARD graduates qualify for probation, treatment programs, and shorter court-imposed suspensions.

• PennDOT Suspension Persists: Ferguson confirms a one-year administrative license revocation despite criminal-court relief.

• Ignition Interlock Pathway: After serving half the suspension, petition PennDOT for early IID installation to regain limited driving.

• Comprehensive Strategy: Effective DUI defense tackles criminal and administrative processes in tandem—early intervention is key.

• Stay Informed & Act Early: If you’re facing DUI charges, give us a call. Early, informed legal guidance can transform severe penalties into manageable outcomes.