Pennsylvania courts have been pretty consistent over the past five years when it comes to whether or not an Accelerated Rehabilitative Disposition counts as a first DUI offense.

It doesn’t, in their view, because the ARD case doesn’t result in a conviction. That doesn’t mean the DUI offense didn’t happen, but in the eyes of the law the driver hasn’t been convicted of a DUI either by plea or a jury. Under the law that means the driver can’t be held to a more strict sentence if the driver is later convicted in a second drunk driving incident.

The court decisions have left prosecutors in the position of doing what’s right for the majority of first-time DUI offenders by offering the ARD process or what’s right for public safety by not offering ARD in case the first-time offender becomes a habitual DUI offender who ends up back on the streets because their ARD offense means they can’t stricter sentencing the second time around.

A legislative solution has long been overdue. These court decisions date back to at least 2020. We’re not sure why it’s taken five years for a remedy, but the state House of Representatives has unanimously approved legislation authored by Rep. Rob Kauffman, R-Franklin, that would establish a new “DUI Following Diversion” offense for individuals who drive under the influence within 10 years of completing an Accelerated Rehabilitative Disposition (ARD) program for a DUI offense. Kaufman’s legislation would mandate that a first DUI Following Diversion offense is penalized as if it were a DUI second offense under the law and a subsequent DUI penalized as if it were a DUI third offense. In addition, PennDOT would maintain records of ARD acceptance and completion for DUI cases for a period of 12 years, with automatic expungement after 12 years.

Kaufman’s legislation would also update current law in regard to homicide by vehicle. Specifically, an individual would be guilty of a first-degree felony if the driver commits the offense of DUI Homicide by Vehicle along with DUI Following Diversion. If convicted, the penalty would be a mandatory minimum five years in prison, with a consecutive five-year sentence for each victim whose death resulted.

Senate passage of House Bill 1615 should come quickly, as should Gov. Josh Shapiro’s signature.