The biggest recent changes to Pennsylvania DUI law are: Act 153 of 2018, which made a third DUI at the highest tier and any fourth DUI a felony and increased mandatory minimums for DUI-related homicide by vehicle; Deana’s Law (Act 59 of 2022), which made a fourth highest-tier DUI a second-degree felony; the Pennsylvania Supreme Court’s 2025 Shifflett decision, which barred courts from treating a prior ARD as a prior offense at sentencing; and Act 58 of 2025, which responded by creating a new offense, DUI following diversion, so a DUI within 10 years of completing ARD is penalized like a second offense.
This post was originally written about the 2020 changes. It has been updated to reflect where Pennsylvania DUI law stands as of November 2026.
Timeline of Major Pennsylvania DUI Law Changes
What changed and whenPennsylvania Vehicle Code, Title 75
Act 153 of 2018
Felony repeat DUIs
- Third DUI at the highest tier is a felony
- Any fourth or later DUI is a felony
- Higher minimums for homicide by vehicle with prior DUIs
- Tougher penalties for driving on a DUI suspension
Deana’s Law (Act 59 of 2022)
Tougher repeat grading
- Fourth or later DUI at the highest tier is a second-degree felony
- Consecutive sentences required for certain repeat highest-tier DUIs
- 18-month suspension for a second-degree felony DUI
Commonwealth v. Shifflett (May 2025)
Court ruling
- Prior ARD could no longer be used as a prior offense at sentencing
- Many repeat DUIs after ARD were sentenced as first offenses
Act 58 of 2025 (December 2025)
New offense
- Creates “DUI following diversion”
- A DUI within 10 years of completing ARD is penalized like a second offense
- DUI homicide by vehicle plus DUI following diversion is a first-degree felony
Act 153 of 2018: Felony Charges for Repeat DUIs
Before Act 153, which began as Senate Bill 961, most DUIs in Pennsylvania were misdemeanors no matter how many prior offenses a driver had. The law changed that:
- Third offense, highest tier. A third DUI within 10 years with a BAC of 0.16% or higher, drugs, or a test refusal is a third-degree felony.
- Fourth or later offense. Any fourth DUI within 10 years became a third-degree felony, regardless of BAC. Deana’s Law later raised a fourth highest-tier DUI to a second-degree felony.
- Homicide by vehicle while DUI. The mandatory minimum of 3 years increases to 5 years with one prior DUI and 7 years with two or more.
- Driving while suspended for DUI. Penalties increase for second and third violations, including mandatory jail.
A felony conviction carries consequences well beyond the sentence, including the loss of the right to own a firearm. See felony charges in Pennsylvania and aggravated DUI.
Deana’s Law (Act 59 of 2022): Higher Grading for Repeat Highest-Tier DUIs
Deana’s Law amended the Vehicle Code’s grading and sentencing rules for drivers with several prior DUIs:
- Fourth or later offense, highest tier. A DUI with a BAC of 0.16% or higher, drugs, or a test refusal and three or more prior offenses is a second-degree felony, punishable by up to 10 years in prison.
- Third offense, highest tier. Still a third-degree felony, punishable by up to 7 years.
- Consecutive sentences. Certain repeat highest-tier DUI sentences must run consecutively to sentences for other offenses rather than at the same time.
- License suspension. A DUI graded as a second-degree felony carries an 18-month suspension.
A fourth DUI at the general impairment or high rate tier remains a third-degree felony. See the full Pennsylvania DUI penalties chart.
The 2025 Shifflett Decision and ARD
For years, Pennsylvania treated acceptance of ARD for a first DUI as a prior offense if the driver was charged again within 10 years, even though ARD is not a conviction. On May 30, 2025, in Commonwealth v. Shifflett, the Pennsylvania Supreme Court held that using a prior ARD to increase a DUI sentence was unconstitutional without a jury finding. For several months, drivers charged with a DUI after ARD were generally sentenced as first offenders, and some prosecutors became reluctant to offer ARD at all.
Act 58 of 2025: DUI Following Diversion
The General Assembly responded with Act 58 of 2025, signed on December 22, 2025. Instead of treating ARD as a prior offense, the law creates a separate offense called DUI following diversion. A driver who commits a DUI within 10 years of completing ARD or a similar diversion program is now penalized like a second offender, and a later DUI like a third offender. A DUI-related homicide by vehicle committed by someone in that category is a first-degree felony.
What this means in practice:
- ARD is still available for many first-time DUIs, and completing it still leads to dismissal and expungement.
- A new DUI within 10 years of ARD carries second-offense penalties, including mandatory jail.
- Whether an older ARD actually falls within the 10-year window, and how the new offense is charged, can be challenged.
DUI Law Change FAQs
Is a DUI a felony in Pennsylvania now?
Most DUIs are still misdemeanors. A DUI is a felony when it is a third offense at the highest tier, a fourth or later offense, or when it causes serious bodily injury or death. A fourth or later DUI at the highest tier is a second-degree felony under Deana’s Law.
Does ARD count as a prior DUI in Pennsylvania?
Not as a prior offense for sentencing after the 2025 Shifflett decision. However, under Act 58 of 2025, a new DUI within 10 years of completing ARD is charged as DUI following diversion and penalized like a second offense.
What is DUI following diversion?
It is an offense created by Act 58 of 2025 for drivers who commit a DUI within 10 years of completing ARD or a similar diversion program. A first DUI following diversion is penalized like a second DUI.
Is ARD still worth it for a first DUI?
Often, yes. ARD can still lead to dismissal and expungement, which avoids a DUI conviction on your record. The tradeoff is that a new DUI within 10 years carries second-offense penalties. Whether ARD is the right choice depends on the facts and the strength of the evidence.
If you are facing a DUI in Erie County and want to understand how these changes affect your case, call 814-806-6385 to discuss it.
Sources: 75 Pa.C.S. Chapter 38; Act 153 of 2018; Act 59 of 2022 (Deana’s Law); Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025); Act 58 of 2025. This post is general information, not legal advice.
