A May Superior Court decision has impacted how first offense DUIs are handled in Warren County.

It ties back into the ARD — accelerated rehabilitative disposition — program, which targets first-time offenders and offers a path that can end in the dismissal of charges and the expungement of one’s record.

Prior to May, ARD would have been an option for many first-time DUI offenders.

Currently, that is no longer the case

Here’s the gist of the Comm. v. Chichkin decision: A defendant had completed ARD for a first DUI but picked up a second a couple years later. For sentencing purposes, even though the defendant completed the ARD program, the second DUI was counted as a second DUI, which brought enhanced mandatory minimum penalties.

But there was no trial or plea on that first DUI so the defendant argued he was being sentenced to the increased penalty without the first DUI having been proved beyond a reasonable doubt.

The court ultimately sided with the defendant and remanded the case back for sentencing as a first-offense DUI.

Warren County District Attorney Rob Greene believes that ARD is a “great program for first time offenders or those with a minimal prior criminal history.”

But, he sees the ruling in the Chichkin case as a “loophole” or “technicality.”

“I strongly agree that a lot of individuals with little or no prior record can make a mistake and deserve a break,” Greene said. “However, I do not agree that someone who gets a second DUI should get a second break.”

As a result, the DA’s office is no longer accepting applications from DUI defendants for the ARD program.

“Allowing multiple DUIs without enhanced penalties for subsequent offenses flies in the face of public safety,” he said. “So long as Chichkin is the law, the Commonwealth will follow a strict interpretation of the same and not count prior ARD/DUIs as an enhancer.”

Greene said he doesn’t believe that the case will be applied retroactively.

“I am working closely with the PDAA (Pennsylvania District Attorneys Association) to rectify this situation; however — for now — my office will no longer accept ARD applications for DUI. Please, so not drink and drive!”