Montco District Attorney announces new law which reshapes how repeat DUI offenders are prosecuted

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January 14th, 2026 | By Ryan Genova

The Montgomery County District Attorney’s Office announced today a new law that updates Pennsylvania’s existing DUI legislation.

The law was enacted in December. Effective immediately, a DUI committed after completing Accelerated Rehabilitative Disposition can now be counted like a prior conviction, triggering steeper penalties, longer license suspensions, and increased supervision. 

“This new law strengthens accountability for drivers who are repeat DUI offenders, while securing the ARD (Accelerated Rehabilitative Disposition) program for first-time DUI offenders,” the DA’s announcement said. “This new law fixes a loophole created by an Appeals Court ruling that did not allow courts to consider DUIs resolved through ARD as a first offense when sentencing a driver who faced another DUI conviction. This new law ensures that appropriate penalties are applied for repeat DUI offenses.”

“If you received an ARD, that should be a clean slate, we start over again,” defense attorney Phil DiLucente told CBS News. “I believe anything that would follow that, even if it was within the 10-year timeframe, should still be considered your first DUI.”

Key aspects of the new bill are:

  • Victim Protection: reinforces protections and prioritizes rights for victims and their families
  • Public Safety: allows courts to consider prior DUI arrests resolved through ARD in future sentencing decisions.
  • Access to Treatment Rehabilitation.

In December, the Pennsylvania District Attorneys Association issued the following statement about Act 58:

Pennsylvania’s prosecutors commend the General Assembly and Governor Josh Shapiro for acting quickly and unanimously to pass HB 1615.

The bill closes a loophole created by the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett, which held that an Accelerated Rehabilitative Disposition (ARD) for a DUI could not be counted as a prior offense when sentencing subsequent DUIs.

ARD is a long‑standing diversion program that helps first‑time offenders avoid a criminal record and change their behavior. But after Shifflett, a new DUI committed after ARD could not be treated as a second offense, making prosecutors hesitant to recommend ARD.

HB 1615 resolves this by creating the offense of “DUI Following Diversion” and allowing courts to consider ARD dispositions from the past 10 years. Prosecutors can now continue offering ARD to first‑time DUI offenders while ensuring repeat offenders are held fully accountable.

The bill also 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.

This reform strengthens a successful diversion program, improves public safety, and provides an avenue to seek treatment and rehabilitation within the court system.

The legislation can be found here.