What Is Act 58 and How Does It Change DUI Cases in Pennsylvania?
Act 58 of 2025 changed how a prior ARD disposition can be used against you in a later Pennsylvania DUI case. Signed by Governor Josh Shapiro on December 22, 2025, the law applies to any DUI committed on or after that date and directly responds to the Pennsylvania Supreme Court’s ruling in Commonwealth v. Shifflett.
If you completed ARD for a DUI in the past and now face a new DUI charge, Act 58 affects how your case will be graded and sentenced. Here is what changed and what it means for you.
Why Did Pennsylvania Pass Act 58?
The Pennsylvania Supreme Court ruled in Shifflett that an ARD disposition could not be treated as a prior conviction for sentencing purposes. ARD involves no finding of guilt, so using it to trigger mandatory minimum sentences violated constitutional protections recognized in Alleyne and Apprendi.
That ruling created a problem for prosecutors. A person could complete ARD after a first DUI, get charged with a second DUI years later, and be sentenced as a first-time offender. The General Assembly passed Act 58 to close that gap while still respecting the constitutional issue the Court identified.
How Does Act 58 Change ARD in DUI Cases?
Act 58 does not turn ARD into a conviction. Instead, it creates a new offense called DUI following diversion. If you commit a new DUI within 10 years of completing ARD or another qualifying diversion program for a prior DUI, the new charge is graded and sentenced as if it were a second-offense DUI.
The law also extends how long ARD records in DUI cases must be retained. Under Act 58, those records stay on file for 12 years for enforcement purposes before expungement becomes available under the statute.
Does Act 58 Apply to My Case?
Act 58 applies to DUI offenses committed on or after December 22, 2025. If your new charge falls after that date and you have a prior ARD for DUI on your record, the enhanced grading likely applies. Cases involving conduct before that date should be evaluated separately, since the timing of the offense controls which version of the law applies.
Is ARD Still Worth Taking for a First DUI in Pennsylvania?
For most first-time, low-tier DUI offenders, ARD remains a strong option. It still allows eligible defendants to avoid a conviction and pursue expungement after completing the program. What has changed is the long-term exposure if a second DUI happens later. An experienced attorney can walk you through both sides before you decide whether to accept ARD or fight the charge.
Frequently Asked Questions
What Is Act 58 of 2025?
Act 58 is a Pennsylvania law signed in December 2025 that changes how a prior ARD disposition for DUI affects the grading and sentencing of a later DUI charge.
Does ARD Still Count as a Prior DUI in Pennsylvania?
ARD itself is still not treated as a conviction. Under Act 58, a new DUI committed within 10 years of completing ARD is charged as DUI following diversion and sentenced like a second offense.
When Did Act 58 Take Effect?
Act 58 took effect for any DUI offense committed on or after December 22, 2025.
Can I Still Get ARD for a First-Time DUI in Pennsylvania?
Yes. First-time, low-tier DUI offenders can generally still qualify for ARD. Act 58 changes what happens if a second DUI occurs later, not whether ARD is available now.
What Is DUI Following Diversion?
DUI following diversion is the new offense created by Act 58 for a DUI committed within 10 years of completing ARD or another qualifying diversion program for a prior DUI.
Talk to a Former Prosecutor About Your DUI Case
Pennsylvania’s DUI laws just changed, and how your case gets graded depends on details most people never think to ask about. Call Kearney Law at 717-668-8159 to talk through your case with attorneys who spent years handling DUI cases from the prosecution side.
