Jun. 25, 2025
HARRISBURG – The Pennsylvania House Judiciary Committee this week approved legislation authored by Rep. Rob Kauffman (R-Franklin) that would establish the Driving Under the Influence Treatment Program for those who operate a motor vehicle while intoxicated.
Kauffman proposed this legislation to address a flaw with the current Accelerated Rehabilitative Disposition (ARD) program. In Commonwealth v. Shifflett, the Pennsylvania Supreme Court recently held it is unconstitutional to treat a defendant’s prior acceptance of ARD for a DUI (driving under the influence) as a “prior offense” for the purpose of imposing an enhanced sentence on a subsequent DUI conviction.
House Bill 1615 would impose the constitutional safeguards that the court noted were lacking in current statute and, like ARD, address an offender’s rehabilitative needs while balancing the concerns for public safety in recidivist DUI penalties. Once an offender successfully completes the program, the court would submit an order directing the expungement of the DUI offense from the offender’s criminal record. Furthermore, the courts could treat an offender’s participation in the program as a “prior offense” if the offender is subsequently charged with another DUI.
The ARD program is a longstanding and successful diversion program intended for low-level offenders with little or no prior criminal history. It is designed to promote rehabilitation and provide eligible defendants with the opportunity to avoid a criminal conviction, since the offender’s criminal history may be expunged once the program is successfully completed.
However, the PA Supreme Court’s decision, which makes it virtually impossible for prosecutors to rely on ARD to enhance penalties for repeat DUI offenses, is leaving many district attorneys across the Commonwealth with little choice but to withhold the option of participating in the ARD program for first-time DUI offenders.
“I authored this bill as a way to meet the needs of prosecutors who are faced with prosecuting repeat offenders as well as first-time offenders, who are looking for an opportunity to better themselves and not have a DUI conviction follow them for the rest of their lives,” said Kauffman.
Kauffman noted that like ARD, a defendant may not be eligible for the Driving Under the Influence Tratment Program if any of the following apply:
• The defendant previously entered ARD for a DUI within 10 years of the current offense.
• An accident occurred in connection with the events surrounding the current offense and an individual was killed or suffered serious bodily injury.
• There was a passenger under 14 years of age in the vehicle.
House Bill 1615 now goes to the full House for consideration.
Representative Rob Kauffman
89th District
Pennsylvania House of Representatives
Media Contact: Tricia Lehman
717.772.9840
tlehman@pahousegop.com
RepKauffman.com