Pennsylvania Legislature Responds to Commonwealth v. Shifflett: H.B. 1615 and Its Potential Impact on DUI Defendants

Derek Maninfior, Esquire

Stephen McDonald, Esquire

On May 30, 2025, the Pennsylvania Supreme Court issued a significant decision in Commonwealth v. Shifflett. The Court ruled that entry into Accelerated Rehabilitative Disposition (ARD) for a prior DUI cannot be treated as a “prior offense” when imposing enhanced penalties for a subsequent DUI conviction. The rationale was straightforward: ARD is not a conviction, and offenders who are admitted into ARD are not afforded the constitutional safeguards of a trial, such as proof beyond a reasonable doubt or the right to a jury.

This decision had immediate and sweeping consequences. For decades, Pennsylvania courts had permitted prosecutors and judges to treat ARD participation as a prior offense, leading to harsher penalties for repeat DUI offenders. With Shifflett, that practice abruptly ended. Many prosecutors and victim advocacy groups voiced concerns that the ruling weakened Pennsylvania’s DUI enforcement framework. In response, many district attorneys’ offices across the Commonwealth have placed limitations on eligibility into the ARD program for DUI offenders or even suspended the program altogether.

In direct response, Representative Rob Kauffman (R-Franklin) introduced House Bill 1615. The legislation proposes the creation of a Driving Under the Influence Treatment Program, designed to operate parallel to ARD while curing the constitutional deficiencies identified in Shifflett.

The proposed program would:

• Provide participants with clear procedural safeguards, ensuring that any admission or waiver meets constitutional standards.
• Permit successful completion of the program to result in expungement of the DUI charge, similar to ARD.
• Allow the program disposition to be treated as a “prior offense” if the individual reoffends, preserving Pennsylvania’s graduated sentencing structure for repeat DUI violations.

In late June 2025, the House Judiciary Committee advanced H.B. 1615 for full consideration by the Pennsylvania House of Representatives, signaling strong legislative support for a balanced solution.

While the bill is designed to address prosecutorial concerns, it also carries notable benefits for defendants, especially first-time DUI offenders who would otherwise have pursued ARD.

1. Preservation of Rehabilitation Opportunities – Like ARD, the new program emphasizes treatment and rehabilitation rather than punishment, offering offenders a second chance to address underlying substance use issues.
2. Clarity and Certainty – The ruling in Shifflett left a gray area in the law. By codifying a constitutionally sound alternative, H.B. 1615 provides both prosecutors and defendants with clear expectations about how program participation will affect future cases.
3. Continued Access to Expungement – Successful completion allows the DUI to be cleared from a defendant’s record, a crucial benefit for maintaining employment, professional licenses, and educational opportunities.
4. Protection of Constitutional Rights – Because H.B. 1615 is crafted with the Supreme Court’s concerns in mind, defendants gain the reassurance that their participation in the program rests on a solid constitutional foundation.

The Importance of Legal Counsel

Pennsylvania’s DUI laws are complex, and the evolving interplay between court decisions and legislative reforms adds further uncertainty. While H.B. 1615 may soon provide a new pathway for first-time offenders, its details will require careful navigation.

If you are facing a DUI charge in Pennsylvania, it is critical to seek the guidance of an experienced DUI defense attorney. A skilled lawyer can evaluate your eligibility for ARD, protect your constitutional rights, and help you pursue the best possible outcome in light of these rapidly changing laws.