New Pennsylvania DUI ARD Laws: What Act 58 Changed

Pennsylvania changed important DUI and Accelerated Rehabilitative Disposition, or ARD, rules when Act 58 of 2025 took effect on December 22, 2025. The law was enacted after the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett and was designed to restore procedures affecting how a completed DUI ARD disposition can matter if a person is charged with another DUI.

The changes apply specifically to DUI-related ARD and do not mean that every person charged with DUI is eligible for ARD. Eligibility remains case-specific and is reviewed by the District Attorney in the county where the case is pending. Francis Law helps clients in South Abington, Scranton, Clarks Summit, and throughout northeastern Pennsylvania understand how the new law may affect a DUI case, an ARD application, and future driving consequences.

What Is ARD in a Pennsylvania DUI Case?

 

ARD is a court-supervised diversionary program available to some people charged with DUI. It is not a conviction, but entering ARD requires a defendant to waive important rights and comply with court-ordered conditions. Depending on the case, conditions can include Alcohol Highway Safety School, a drug-and-alcohol evaluation, treatment when recommended, restitution, supervision, fees, and a driver’s-license suspension.

For DUI ARD, the court supervision period must be at least six months and no more than 12 months. Successful completion can allow the defendant to seek the benefits of an expungement process, but ARD should never be viewed as a simple dismissal or a guaranteed “clean slate.” The consequences of accepting ARD must be reviewed before a defendant agrees to enter the program.

The Most Important Change: A New DUI Within 10 Years of ARD

 

Act 58 created a new DUI offense provision for a person who drives under the influence within 10 years after completing DUI ARD, or a substantially similar pretrial-diversion program in another jurisdiction. The new provision focuses on the completion date of the earlier program.

In practical terms, a completed DUI ARD disposition can have serious consequences if the person is charged with another DUI within that 10-year period. The later case may be graded and sentenced under the new “offenses following diversion” framework rather than treated the same way as an entirely first-time DUI. The underlying DUI tier still matters. A general-impairment, high-rate, highest-rate, controlled-substance, or refusal-related allegation can lead to different grading and penalty consequences.

This change is especially important for anyone considering ARD today. Completing ARD may avoid a traditional conviction in the current case, but it can still affect the legal consequences of a future DUI during the statutory 10-year period.

New On-the-Record ARD Colloquy Requirement

 

Act 58 added a requirement that, before a defendant may accept DUI ARD, the court must conduct an inquiry on the record. The purpose is to ensure that the defendant’s decision to enter ARD—and waive applicable constitutional rights—is knowing, voluntary, and intelligent.

This is a significant procedural protection. ARD can be beneficial, but defendants need to understand the program requirements, the license consequences, the consequences of failing to complete the program, and the effect a completed ARD may have if another DUI allegation arises within 10 years.

A defendant should ask questions before the colloquy, not after. An experienced Pennsylvania DUI lawyer can explain the proposed conditions, evaluate eligibility, and discuss alternatives based on the evidence and the client’s goals.

What Happens if Someone Does Not Complete ARD?

 

The new law also clarifies the effect of an unsuccessful ARD disposition. If a defendant fails to complete ARD or another preliminary disposition and is brought to trial on the DUI charge, a waiver or acknowledgment made for ARD purposes is generally ineffective and cannot be used against the defendant in the later criminal proceeding.

Similarly, statements presented by the defendant in connection with the ARD process generally cannot be used in the criminal case, except in a prosecution based on a false statement provided by the defendant. This provision matters because it protects a defendant from having an ARD application or waiver automatically become evidence against them if the case returns to the regular criminal process.

Failure to complete ARD can still be serious. The court may direct the Commonwealth to proceed on the original DUI charge if the defendant fails to meet statutory or court-imposed requirements, is charged with or commits an offense under Pennsylvania’s Crimes Code, or violates another program condition.

Changes to Record Retention and Expungement

 

Act 58 added detailed record-retention rules for completed DUI ARD cases. After successful completion, the court must issue an order showing that the program was completed. Even if an expungement order applies, the clerk of courts must retain a certified copy of the completion order for 12 years.

The retained court order is not subject to public inspection or duplication. It may be used only for future DUI prosecutions under the statute, and it may be provided to a prosecutor, court, or law-enforcement agency upon request. Immediately after the 12-year retention period ends, the clerk of courts must expunge the retained completion record without requiring another court order.

PennDOT must also retain a record of acceptance and successful completion of DUI ARD for 12 years. After that period, PennDOT must expunge its record automatically. There are exceptions: PennDOT is not required to expunge the record if the person becomes a habitual offender during the 12-year period or was a commercial driver at the time of the DUI-related violation.

What Act 58 Did Not Change

 

ARD remains discretionary. Pennsylvania law still prohibits a prosecutor from submitting a DUI charge for ARD in several circumstances, including when the defendant had a qualifying DUI conviction or DUI ARD within 10 years, when another person was killed or suffered serious bodily injury in a related crash, or when a passenger under age 14 was in the defendant’s vehicle.

Local procedures also still matter. Counties may have their own ARD application requirements, deadlines, fees, screening procedures, and additional eligibility considerations. A prosecutor can evaluate the particular facts before agreeing to submit a case for ARD.

The law also did not eliminate the need to consider PennDOT consequences. ARD can involve a license suspension based on BAC or other circumstances. It can have additional implications for commercial drivers, professional licenses, employment, and insurance.

Why a DUI ARD Review Matters More Than Ever

 

The decision to accept ARD should be informed by the facts of the case, the strength of the evidence, criminal and licensing consequences, and the defendant’s long-term circumstances. A person should not accept ARD simply because it is described as a first-offense option. The new law makes clear that successful completion can carry legal significance for a later DUI within 10 years.

Francis Law offers practical DUI defense guidance across northeastern Pennsylvania. We can review the stop, testing, potential defenses, ARD eligibility, and the new statutory consequences before you make a decision about your case.

FAQ

 

When did Pennsylvania’s new DUI ARD law take effect?

Act 58 of 2025 took effect on December 22, 2025.

Does a completed ARD count as a DUI conviction?

ARD is not a traditional conviction. However, under the new law, a completed DUI ARD disposition can affect how a DUI committed within the following 10 years is charged and sentenced.

Can I still get ARD for a first DUI?

Possibly. ARD remains discretionary and is subject to state-law disqualifications, local procedures, and the prosecutor’s review of the case.

Will my completed DUI ARD case stay public for 12 years?

The statute requires retention of a certified completion order for 12 years, but states that the retained order is not subject to public inspection or duplication. The broader record and expungement questions should be reviewed with a lawyer.

Do the new ARD rules affect CDL holders?

They can. PennDOT is not required to automatically expunge its DUI ARD record after 12 years if the person was a commercial driver at the time of the violation. Federal CDL rules may create separate consequences as well.