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    DUI Following Diversion (ARD) in 2026

    On December 22, 2025, a new DUI offense was created under Pennsylvania law that, in 2026, will affect both prior and future ARD recipients.

    Act No. 58 of 2025 was signed into law creating a new DUI offense for individuals who commit DUI within ten years of completing Accelerated Rehabilitative Disposition (ARD).

    In essence, the new law causes a prior ARD to function like a conviction for future DUI sentencing purposes, even though ARD is not legally reclassified as a conviction.

    The Act created a new DUI offense by enacting 75 Pa.C.S. § 3802(h):

    Driving under the influence of alcohol or controlled substance following diversion.–

    “(1) An individual may not drive, operate or be in the actual physical control of the movement of a vehicle in violation of subsection (a), (b), (c), (d), (e) or (f) within 10 years after completing an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction, for an offense under this section or a substantially similar offense in another jurisdiction.”

    Why was the new DUI Law Created?

    The new law was created in response to the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett (2025), which held that a prior DUI resolved through Accelerated Rehabilitative Disposition (ARD) could not be treated as a “prior offense” for DUI sentencing purposes under the statute as it was then written.

    As a result, prosecutors pushed for a new law that created a distinct offense for DUI occurring within ten years of ARD completion, subjecting offenders to penalties consistent with repeat DUI offenses. In effect, the new law serves as a legislative workaround to the Shifflett ruling.

    How Does this Affect Existing Cases?

    The new law affects DUIs committed on or after December 22, 2025, the law’s effective date. It does not reopen, regrade or resentence cases that were already resolved before that date.

    However, if a new DUI is committed after the effective date and within ten years of completing ARD, the new law applies and the previous ARD completion will lead to harsher penalties.

    What are the Penalties?

    The new law does not create a new penalty scheme for repeat DUIs. However, it requires a new DUI charge to be punished under a statutory provision that carries harsher penalties, IF that DUI was committed within ten years of completing ARD.

    Examples of How the Law Changed

    PRIOR TO THE NEW LAW (After the Shifflett decision and before the enactment of this law):

    1. If you previously completed ARD as a result of a first DUI and were later charged with a DUI for the second time, the new DUI would have been treated as a first offense.
    2. If you previously completed ARD as a result of a first DUI, had one subsequent DUI conviction, and were later charged with a DUI for the third time, the new DUI would have been treated as a second offense.

    NOW UNDER THE NEW LAW (effective December 22, 2025)

    1. If you previously completed ARD and are later charged with a DUI for the second time within ten years of that ARD completion, the new DUI will be charged under 75 Pa.C.S. § 3802(h)(1), and graded and penalized under the same statutory provisions that apply to a second DUI offense.
      • “For a second offense or a first offense for a violation of section 3802(h)(1), to”
    2. If you previously completed ARD and are later charged with a DUI for the third time within ten years of that ARD completion, the new DUI will be graded and penalized under the same statutory provisions that apply to a third DUI offense.
      • “For a third or subsequent offense or a second or subsequent offense following a conviction for violating section 3802(h)(1), to”

    Talk to an Experienced DUI Attorney in Pittsburgh Today

    Get a free consultation with a knowledge DUI lawyer from Shrager Defense Attorneys.  We will discuss your options and plan the best strategy to overcome or minimize the penalties associated with your drunk driving charge. We know the ARD program inside and out, and will help you.

    Call 412-969-2540 right now for a FREE initial legal consultation. Speak directly with David J. Shrager 24 hours a day, 7 days a week.