The Act 58 Era: Why Your Prior ARD Now Counts as a Second Offense in Monroe County
Effective December 2025, Pennsylvania’s Act 58 creates the crime of “DUI after diversion.” Under this new law, getting a DUI in Monroe County within 10 years of completing an Accelerated Rehabilitative Disposition (ARD) program for a previous DUI triggers mandatory second-offense jail time—eliminating the Commonwealth’s Shifflett protections.
Driving under the influence (DUI) charges carry steep penalties in Pennsylvania—and consequences of a DUI increase for repeat offenders. However, until late last year, DUI defendants who entered into (and successfully completed) an Accelerated Rehabilitative Disposition (ARD) program were not treated as repeat offenders if they got a second DUI.
ARD provides an opportunity for eligible first-time offenders to avoid the life-altering consequences of having a DUI conviction on their record. Until recently, it also ensured that eligible individuals would not face enhanced penalties for a second DUI. But, this changed when the Pennsylvania legislature passed Act 58 in December 2025.
Act 58: The End of the Shifflett “Loophole”
The Pennsylvania legislature enacted Act 58 in response to the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett. In Shifflett, the Court held that a DUI arrest which resulted in ARD could not be treated as a prior offense in the event that the defendant got arrested for DUI again. The Court’s decision was based, in part, on the nature of ARD. Since first-time DUI defendants must decide whether to pursue ARD before trial, this means that they are not afforded the constitutional protections of trial—including the requirement that prosecutors prove their guilt beyond a reasonable doubt.
Despite the Court’s reasoning, victims’ advocates and others argued that the Court’s decision in Shifflett effectively created a “loophole” for repeat offenders who were eligible for (and chose to participate in) ARD. In response, the Pennsylvania legislature passed Act 58.
Redefining Prior Accelerated Rehabilitative Disposition (ARD)
Act 58 creates the new offense of “driving under the influence of alcohol or controlled substance following diversion”—or “DUI after diversion” for short. While this is fundamentally the same as any other DUI offense, it has a major impact when it comes to sentencing. Under Act 58, if a DUI defendant completed an ARD program for a prior DUI during the 10-year period before their second arrest:
- A second DUI is classified as a second-degree misdemeanor;
- A third DUI is a third-degree felony.
As a result, individuals who are facing prosecution as repeat offenders after successfully completing an ARD program are now subject to enhanced penalties—including the mandatory minimum penalties discussed below. Enhanced penalties apply in cases involving accidents and breath test refusals as well.
Mandatory Minimums in Monroe County DUI Cases
Under Pennsylvania’s new Act 58, repeat offenders who avoided a conviction by entering into an ARD program are now subject to mandatory minimum penalties for a second or subsequent offense. This is a major change that significantly increases the risks of a second or subsequent arrest following ARD. Following the enactment of Act 58, the mandatory minimum penalties in these cases are as follows:
General Impairment
Second Offense (First DUI After Diversion)
- Five days in jail
- A $300 fine (up to a $2,500 fine)
- Mandatory alcohol highway safety school
- Mandatory drug and alcohol treatment
Third or Subsequent Offense (Second or Subsequent DUI After Diversion)
- Ten days in jail
- A $500 fine (up to a $5,000 fine)
- Mandatory drug and alcohol treatment
High Rate of Blood Alcohol, Zero Tolerance, and Commercial DUIs
Second Offense (First DUI After Diversion)
- Thirty days in jail
- A $750 fine (up to a $5,000 fine)
- Mandatory alcohol highway safety school
- Mandatory drug and alcohol treatment
Third Offense (Second or Subsequent DUI After Diversion)
- Ninety days in jail
- A $1,500 fine (up to a $10,000 fine)
- Mandatory drug and alcohol treatment
Fourth or Subsequent Offense (Third or Subsequent DUI After Diversion)
- One year in jail
- A $1,500 fine (up to a $10,000 fine)
- Mandatory drug and alcohol treatment
Highest Rate of Blood Alcohol
Second Offense (First DUI After Diversion)
- Ninety days in jail
- A $1,500 fine
- Mandatory alcohol highway safety school
- Mandatory drug and alcohol treatment
Third or Subsequent Offense (Second or Subsequent DUI After Diversion)
- One year in jail
- A $2,500 fine
- Mandatory drug and alcohol treatment
These are in addition to the other consequences of a DUI conviction. These can include a driver’s license suspension and mandatory ignition interlock device (IID) installation, as well as academic, professional, military, and immigration consequences. In all cases, the risks of facing prosecution as a repeat DUI offender are substantial; and, due to the passage of Act 58, they are more substantial in 2026 than they were in 2025.
Using Certified Records for Sentencing in Monroe County DUI Cases
Act 58 also establishes new recordkeeping requirements for DUI defendants’ successful completion of ARD. Specifically, Act 58 provides:
“Upon a defendant’s successful completion of [ARD], the court shall issue an order evidencing the completion. . . . Notwithstanding any order of expungement, the clerk of courts shall retain a certified copy of the court order evidencing a defendant has successfully completed the program . . . . The order shall be maintained for 12 years following the date of the entry . . . [and the] clerk of courts shall provide a certified copy of the order to any prosecuting attorney, court or law enforcement agency upon request.”
This ensures that, going forward, prosecutors will be able to easily determine whether a DUI defendant has completed ARD. If you are facing a second or subsequent DUI and you have completed ARD in the past, we invite you to contact us for more information.
Discuss Your Case with an Experienced Monroe County DUI Lawyer in Confidence
If you need to know more about Pennsylvania’s Act 58—or any other aspect of facing a second or subsequent DUI charge in Pennsylvania—we encourage you to contact us promptly. To schedule a confidential consultation with an experienced Monroe County DUI lawyer as soon as possible, call us at 570-421-5568 or contact us online now.