DUI After ARD in PA: Act 58 of 2025 | Nicholas A. Frisk III

Last updated October 4, 2026.

For years, accepting ARD for a first DUI had a catch: if you were arrested for DUI again within 10 years, the ARD counted as a "prior offense" and pushed the new case into second-offense penalties. That rule is gone. In its place is a new crime with its own name, its own proof rules and its own penalties. This page explains what changed and how to tell whether it applies to you. The general ARD program is described in ARD in Pennsylvania. The overall approach to a DUI charge is on the main DUI defense page.

Why did the law change?

Because of a court decision. The General Assembly's notes to 75 Pa.C.S. 3806 record that the section was declared unconstitutional on May 30, 2025, by the Supreme Court of Pennsylvania in Commonwealth v. Shifflett, 335 A.3d 1158. At the time, the statute's definition of "prior offense" included "acceptance of Accelerated Rehabilitative Disposition."

The legislature answered with Act 58 of 2025, signed on December 22, 2025 and effective immediately. Section 8 says the intent is to restore procedures that let people charged with DUI "secure rehabilitative treatment and a clean record," while ensuring that repeat offenders "face appropriate consequences." It also says the act is meant "to address the Pennsylvania Supreme Court's decision in Commonwealth v. Shifflett."

What does the new offense say?

Act 58 added subsection (h) to section 3802. Paragraph (h)(1) makes it an offense to drive, operate or be in actual physical control of a vehicle in violation of any of the DUI subsections "within 10 years after completing an Accelerated Rehabilitative Disposition program," or a substantially similar diversion program in another state, for a DUI or a substantially similar offense. At the same time, Act 58 deleted the words "juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition" from the definition of prior offense in 3806(a).

Two details in that wording matter:

The clock runs from completion, not from the old arrest or the day you entered ARD. The statute says "within 10 years after completing" the program.
Out-of-state diversion counts if it was substantially similar to Pennsylvania's ARD and the old charge was substantially similar to a Pennsylvania DUI.

The act does not limit the offense to ARD completed after it took effect; the question is only whether the new DUI came within 10 years after the completion.

How does a DUI following diversion case move through Lawrence County?

The steps are the ones every Lawrence County DUI follows, with a few differences along the way:

The complaint. Police file it with the district court for the place of arrest; for Ellwood City and nearby townships, that is the office in what to expect at the Ellwood City district court. The grade and the penalty depend on the tier of the new DUI as well as the old ARD (3803(c), 3804).
The ARD record. The clerk of courts must give a certified copy of the completion order to a prosecutor on request (3807(f)(2)), and PennDOT must make its completion record available the same way (1534(b.1)).
The preliminary hearing. It is held at Central Court, 202 Milton Street, New Castle, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m., as described in what happens at a preliminary hearing in Lawrence County.
No second ARD, in most cases. The DA may not submit the case for ARD if you accepted ARD for a DUI within 10 years of the new offense (3807(a)(2)(i)).
The Court of Common Pleas. A case held for court goes to the Courthouse at 430 Court Street, New Castle, for an arraignment, a "Call of Trial" about a month later, and a plea or trial, as covered in what to expect at the Lawrence County Courthouse.
Evaluation. Before sentencing, every person convicted of DUI is evaluated with Court Reporting Network instruments (3816(a)). The automatic full assessment for repeat offenders is triggered by an earlier DUI sentence (3814(2)(i)), and ARD ends without a sentence, so in a diversion case it usually turns on a finding of need or a result of 0.16% or higher (3814(2)(ii)). See the page about the CRN evaluation and alcohol highway safety school.
Sentence and license. The judge imposes at least the minimum in the table below, and PennDOT suspends the license once it receives the certified conviction record (3804(e)(1)).

How does the Commonwealth prove I completed ARD?

Paragraph (h)(2) lists records that are "sufficient proof": a certified PennDOT record, a record kept by the clerk of courts, or a substantially similar record from another state. Paragraph (h)(3) adds that other competent evidence is not ruled out.

Act 58 also made sure those records exist even after an ARD record is expunged. Under 3807(f), the clerk of courts must keep a certified copy of the order showing you completed ARD for 12 years. The order is not open to public inspection and may be used "solely for the purpose of future prosecutions under section 3802(h)," and after 12 years the clerk expunges it without a court order. PennDOT keeps its own record of the acceptance and completion and expunges it 12 years after the completion notice, with narrow exceptions for habitual offenders and commercial drivers (75 Pa.C.S. 1534).

What are the penalties for DUI following diversion?

A first conviction under 3802(h)(1) is sentenced under the second-offense paragraphs of 3804 for the tier of the new DUI. Act 36 of 2026, signed July 20, 2026, adjusted the wording of those paragraphs, effective immediately, so each one applies to an "underlying violation of an offense enumerated in this subsection." The ordinary second-offense rules are in what happens on a second DUI in Pennsylvania.

First conviction for DUI following diversion (75 Pa.C.S. 3803(c), 3804)
Tier of the new DUI	Minimum jail	Fine	Grade
General impairment	5 days	$300 to $2,500	Misdemeanor, up to 6 months
High rate	30 days	$750 to $5,000	Misdemeanor, up to 6 months
Highest rate, drugs or refusal	90 days	At least $1,500	First-degree misdemeanor, up to 5 years

Alcohol highway safety school and any ordered treatment are also required. The grading comes from 3803(c): a misdemeanor with a 6-month maximum when the new DUI is general impairment, high rate, a minor's DUI or a commercial driver's DUI, and a first-degree misdemeanor when it is a highest rate, drug or refusal case. A refusal counts at the top tier when it was a breath test, or a chemical test under a valid warrant or other lawful basis (3803(c)(2)); the warrant question is explained in whether police need a warrant to draw blood.

A conviction under 3802(h)(1) then counts going forward, and the next DUI is sentenced at the third-offense level and served consecutively (3804(c.2)):

The next DUI after a 3802(h)(1) conviction, with no other prior offense (75 Pa.C.S. 3803, 3804)
Tier of the next DUI	Minimum jail	Fine	Grade
General impairment	10 days	$500 to $5,000	Second-degree misdemeanor, up to 2 years
High rate	90 days	$1,500 to $10,000	First-degree misdemeanor, up to 5 years
Highest rate, drugs or refusal	1 year	At least $2,500	Third-degree felony, up to 7 years

With two prior offenses, one of them a 3802(h)(1) conviction, the grades climb again, up to a second-degree felony at the highest tier (3803(a)(4), (b)(4.1)(iii)). Every combination is in the Pennsylvania DUI penalties chart.

So does my old ARD count?

How an earlier DUI ARD affects a new DUI charge
Your situation	What the statute does
New DUI within 10 years after you completed ARD	Charged as DUI following diversion, 3802(h)(1), with second-offense minimums
New DUI more than 10 years after you completed ARD	3802(h)(1) does not apply by its terms, and the old ARD is not a prior offense under 3806(a)
You started ARD but did not complete it	3802(h)(1) speaks only of completed programs. If the ARD is ended, the DA proceeds on the old charge (3807(e); Rule 318(C)), and a conviction sentenced before the new case is a prior offense (3806(a), (b)(2))
A later DUI after a 3802(h)(1) conviction	The 3802(h)(1) conviction is a prior offense; 3806(b)(4) also treats it as one when the ARD completion was more than 10 years before

A separate question is whether ARD is available again. Usually not: the DA may not submit a DUI for ARD if the person was found guilty of, or accepted ARD for, a DUI within 10 years of the current offense, with one narrow exception in 3807(a)(2)(i) for a first offense that was an ungraded misdemeanor under 3802(a)(2). How ARD works locally is on the page about getting ARD in Lawrence County.

What happens to my license and the ignition interlock?

After a conviction, PennDOT's suspension follows the grade: 12 months for an ungraded misdemeanor and 18 months for a first-degree misdemeanor (3804(e)(2)). The no-suspension rule for a first general impairment DUI is written for a 3802(a) violation with no prior offense (3804(e)(2)(iii)); the statute does not say whether it covers a 3802(h)(1) conviction at that tier. The shorter suspensions that come with ARD itself are on the page about how long ARD suspends your license.

Act 58 also tightened today's interlock rules. The exception that lets some drivers restore their license without an ignition interlock now also requires that the person has not completed ARD for a DUI within the prior 10 years (75 Pa.C.S. 3805(a.1)(3), added by Act 58).

A change is coming. Act 36 of 2026 replaces today's ignition interlock limited license and restricted license with a single ignition interlock driver's license, taking effect in November 2027, 16 months after its July 20, 2026 signing.

Driving before the suspension ends, or without a required interlock, is its own offense, covered in driving during a DUI suspension.

What changes the answer?

The completion date. The court issues an order when you finish ARD (3807(f)(1)), and the 10 years run from completion (3802(h)(1)).
Two different clocks. The ARD bar looks at when you accepted ARD (3807(a)(2)(i)); the new offense looks at when you completed it. If you accepted more than 10 years before the new offense but finished within 10 years, 3802(h)(1) can apply while the statutory ARD bar does not, and ARD is then up to the DA.
Whether the program was finished. An unfinished ARD is not a basis for 3802(h)(1), but the old charge can go forward and become a prior offense.
A child in the vehicle. On a first diversion offense with a passenger under 18, the court adds a fine of at least $2,500 and one to six months of imprisonment (3804(c.1)(2)).
Where the program was. Out-of-state diversion counts only if substantially similar to ARD, a common issue for drivers in an Ohio driver's DUI in Lawrence County.

A worked example

For example, take a hypothetical driver (not a real case) who accepted ARD for a 2019 high rate DUI, received the court's completion order in 2020, and is arrested in Ellwood City in 2026 with a blood result of 0.17%.

The 2026 offense is within 10 years after the 2020 completion, so it can be charged as DUI following diversion (3802(h)(1)). A 0.17% result is the highest tier (3802(c)), which makes the charge a first-degree misdemeanor with a 5-year maximum (3803(c)(2); 18 Pa.C.S. 1104). If convicted, the driver faces at least 90 days of imprisonment, a fine of at least $1,500, safety school and treatment as assessed (3804(c)(2)), with a full assessment because of the 0.17% result (3814(2)(ii)). ARD is barred, since the 2019 acceptance is within 10 years (3807(a)(2)(i)), and PennDOT's suspension would be 18 months (3804(e)(2)(ii)).

Change one fact: if the same driver had accepted ARD in 2014 and completed it in 2015, more than 10 years before, 3802(h)(1) would not apply and the old ARD would not be a prior offense. The new case would be a first offense at the highest tier: at least 72 consecutive hours and a fine of $1,000 to $5,000 (3804(c)(1)).

Common mistakes after an earlier ARD

Counting from the wrong date. The window runs from completion, not from the old arrest or the day ARD started.
Calling it a "second offense." It is a different charge with its own grading, and that difference matters on the next case.
Trusting an old summary. Some official pages written before Act 58 still describe ARD as a prior offense. The current statute controls.
Not checking the paperwork. The completion date, and whether an out-of-state program was really similar to ARD, come from records that can be read and questioned (3802(h)(2), (h)(3)).

What to do this week

Find the exact date your earlier ARD was completed, from the court's completion or dismissal order (Rule 319; 3807(f)(1)).
Note when you were accepted into ARD, since the ARD bar uses that date.
If the earlier program was in another state, gather its paperwork and the statute it was under.
Keep the test result or refusal form from the new arrest, which sets the tier and the grade.
Look up the new case on the UJS Portal and note the preliminary hearing date at Central Court.
If you never finished the earlier ARD, find out whether that case is still open.
Open every PennDOT letter, write down its mailing date, and do not drive while suspended.

Frequently asked questions

Is DUI following diversion a felony?

Not on a first conviction. It is a misdemeanor with a 6-month maximum, or a first-degree misdemeanor at the highest tier (3803(c)). A later DUI at the highest tier after that conviction is a third-degree felony (3803(b)(4.1)(i.1)).

My ARD was expunged. How would the prosecutor know?

Through the clerk's sealed completion order and PennDOT's record, both kept for 12 years (3807(f)(2), 1534(c)). Prosecutors and the state's central repository also keep a list of people whose records were expunged after diversion, used for later eligibility and for grading later offenses (18 Pa.C.S. 9122(c)). What expungement does remove is covered in clearing a criminal record in Pennsylvania.

Does a diversion program from Ohio count?

It can. Section 3802(h)(1) covers a "pretrial diversion program substantially similar" to ARD in another jurisdiction, for an offense substantially similar to a Pennsylvania DUI, and a similar record from that state is sufficient proof (3802(h)(2)(iii)).

What if my new arrest happened before December 22, 2025?

Then the offense date needs a close look. Act 58, including the new offense, took effect on December 22, 2025 (section 10), and the Shifflett ruling came on May 30, 2025, so which rules apply depends on when the new DUI happened.

Do I need an ignition interlock?

In most cases, yes. Today's exception in 3805(a.1) covers only someone facing first-offense general impairment penalties under 3804(a)(1), or an ARD suspension, with no prior offense, and Act 58 added that the person must not have completed ARD within the prior 10 years. A DUI following diversion is sentenced under the second-offense paragraphs instead.

If you completed ARD and have been arrested for DUI again in Ellwood City, Lawrence County or anywhere in Western Pennsylvania, I can review the dates and records with you before anything is decided. You work directly with me, and the first consultation is always free and confidential.

What is "DUI following diversion" in Pennsylvania, and does my old ARD count?