Last year, Pennsylvania lawmakers took steps to close a loophole in the state’s DUI laws. The new law, which went into effect in December, applies to those who complete the diversion program Accelerated Rehabilitative Disposition (ARD).
In a case that made it to the Pennsylvania Supreme Court last year, the court ruled that if a person successfully completed ARD, that first DUI would not be counted if they had another one. That meant lesser penalties than if they were considered a repeat DUI offender. Now, under the new law, even if someone completes the ARD, their DUI can still be considered a prior offense for purposes of penalties.
The benefits of ARD
Drivers can still benefit from completing the ARD, even if it doesn’t erase the DUI from their record. As one state representative behind the new law said, “Repeat impaired drivers will face meaningful penalties along with access to treatment options, such as Accelerated Rehabilitative Disposition (ARD), helping ensure accountability and rehabilitation.”
One of the criticisms of the high court’s decision by state prosecutors was that they would hesitate to recommend ARD for a defendant if it meant less accountability if they faced another DUI later.
The law creates a new criminal offense
The new law creates an offense called “DUI Following Diversion.” That applies to a DUI conviction within ten years of ARD completion.
According to the Pennsylvania District Attorneys Association, the new law “reinforces protections for victims of repeat offenders and their families by guaranteeing that subsequent penalties for DUI offenses — including Homicide by Vehicle While DUI following a prior ARD — are appropriately enhanced and applied.”
Of course, if you are charged with DUI, the best possible outcome is no conviction at all. Even a first-time conviction can have serious consequences. That’s why it’s wise to get legal guidance as early as possible to protect your rights and your future.
