PA Closes DUI Loophole
Pennsylvania has taken a significant step towards enhancing road safety by updating its DUI laws. The state’s General Assembly and Governor have unanimously approved Act 58 of 2025, which addresses a loophole that previously protected repeat offenders. This update comes in response to a Pennsylvania Supreme Court ruling in May, known as Commonwealth v. Shifflett, which altered how repeat DUI cases were counted.
Prior to this update, the court’s decision prevented courts from considering prior participation in Accelerated Rehabilitative Disposition (ARD) as a previous DUI. This meant that repeat offenders could avoid harsher penalties, even if they had already received a break through ARD participation. However, with the passage of Act 58, ARD once again counts as a prior DUI if a person reoffends. This change ensures that first-time offenders can receive a second chance through ARD, while repeat offenders face stricter punishments.
According to Bradford County District Attorney Richard Wilson, this update is crucial for public safety and fairness. ‘ARD is meant to be a one-time opportunity,’ he stated. ‘If someone drives impaired again after getting that chance, the law should recognize the prior offense.’ The Bradford County District Attorney’s Office will continue to offer ARD to qualifying first-time DUI offenders, providing them with an opportunity to learn from their mistakes and avoid future offenses.
The easiest way to avoid a DUI penalty is to refrain from driving under the influence of drugs or alcohol altogether. By doing so, individuals can ensure their safety and the safety of others on the road. The update to Pennsylvania’s DUI laws is a significant step towards promoting road safety and holding repeat offenders accountable for their actions.
