New State Law Affects Repeat DUI Offenders

PITTSBURGH — A new law, changing penalties for driving under the influence, signed by Governor Josh Shapiro in December, is now in effect. Prosecutors believe it holds drunk drivers accountable, but defense lawyers say it may be too harsh. For years, if someone was arrested and charged with a DUI, prosecuting attorneys could allow first-time offenders to enter what’s called an ARD, or Accelerated Rehabilitative Disposition. “ARD, for years, was always considered a clean slate,” said Attorney Phil DiLucente. “It gave people the opportunity to start anew.” But a Pennsylvania Supreme Court ruling last April changed that. “Now the Supreme Court, it’s the law of the land, and they decided an ARD is not a conviction,” said Beaver County District Attorney Nate Bible. That meant that district attorneys and judges could no longer look at someone who was charged with DUI a second time as a repeat offender if they successfully completed a diversion program after their first DUI. “We’re okay with sort of the clean slate and people getting a fresh start, but when you have somebody who’s on their second, third, fourth DUI, that fourth DUI shouldn’t be counted as a third,” Bible said. So, the Pennsylvania District Attorney Association worked with lawmakers to change the law. “This is how people get killed, so they wanted to put a stop to that and try to have some accountability,” Bible said. As an example, if you were charged with your first DUI last year and successfully went through a diversion program. But then, 5 years from now, you get a second DUI. Even though the PA Supreme Court said that first DUI wasn’t a conviction on your record — because of the new state law — you can now face penalties as if it were a conviction.