A change in Pennsylvania law is reshaping how repeat drunk driving cases are prosecuted, closing what lawmakers call a dangerous loophole. 

In December, Gov. Josh Shapiro signed the law, which changed how DUI penalties are applied in the state. For years, prosecutors could allow first-time DUI offenders to enter a diversion program called Accelerated Rehabilitative Disposition, long viewed as a clean slate if completed successfully. 

"If you received an ARD, that should be a clean slate, we start over again," defense attorney Phil DiLucente said. "I believe anything that would follow that, even if it was within the 10-year timeframe, should still be considered your first DUI."

However, a Pennsylvania Supreme Court ruling last April altered the legal perspective on those cases. The ruling determined that ARD was not a conviction, meaning someone who completed the program and was later charged again with DUI could no longer automatically be treated as a repeat offender.

"It was designed, and the spirit of it is to give this person a fresh start," Beaver County District Attorney Nathan Bible said. "But four DUIs later, they clearly didn't treat it as a fresh start, so they should be punished accordingly."

Under the new law, a DUI committed after completing ARD can now be counted like a prior conviction, triggering steeper penalties, longer license suspensions, and increased supervision. 

"As prosecutors, we have the function of No. 1, public safety and No. 2, punishing habitual offenders," Bible said. 

Defense attorneys argue the fix goes too far, warning it could surprise drivers who completed ARD and think they have a clean slate. DiLucente encourages anyone charged with DUI to get an attorney to help navigate the process. 

"This may be an issue that's challengeable," he said. "I said it before and I'll say it again, it may be perhaps, we shall see, if it is cruel and unusual punishment for someone who has had a second or third DUI."