A new law, changing penalties for driving under the influence, signed by Governor Josh Shapiro in December, went into effect immediately.<\/p>\n
Prosecutors believe it holds drunk drivers accountable, but defense lawyers say it may be too harsh.<\/p>\n
For years, if someone was arrested and charged with a DUI, prosecuting attorneys could allow first-time offenders to enter what\u2019s called an ARD, or Accelerated Rehabilitative Disposition.<\/p>\n
\u201cARD, for years, was always considered a clean slate,\u201d said Attorney Phil DiLucente. \u201cIt gave people the opportunity to start anew.\u201d<\/p>\n
But a Pennsylvania Supreme Court ruling last April changed that.<\/p>\n
\u201cNow the Supreme Court, it\u2019s the law of the land, and they decided an ARD is not a conviction,\u201d said Beaver County District Attorney Nate Bible.<\/p>\n
That meant that district attorneys and judges could no longer look at someone who was charged with DUI a second time as a repeat offender if they successfully completed a diversion program after their first DUI.<\/p>\n
\u201cWe\u2019re okay with sort of the clean slate and people getting a fresh start, but when you have somebody who\u2019s on their second, third, fourth DUI, that fourth DUI shouldn\u2019t be counted as a third,\u201d Bible said.<\/p>\n
So, the Pennsylvania District Attorney Association worked with lawmakers to change the law.<\/p>\n
\u201cThis is how people get killed, so they wanted to put a stop to that and try to have some accountability,\u201d Bible said.<\/p>\n
Here\u2019s how it works:<\/p>\n
For example, you were charged with your first DUI last year and successfully went through a diversion program.<\/p>\n
But then, 5 years from now, you get a second DUI.<\/p>\n
Even though the PA Supreme Court said that first DUI wasn\u2019t a conviction on your record \u2014 because of the new state law \u2014 you can now face penalties as if it were a conviction.<\/p>\n
\u201cI think this was a good middle ground to sort of satisfy both prosecutors and defense attorneys,\u201d Bible told Channel 11\u2019s Andrew Havranek.<\/p>\n
But DiLucente believes otherwise. He recommends anyone charged with a DUI to get an attorney or use a public defender to help navigate this.<\/p>\n
\u201cI really do wonder, and I speculate, will this be challenged in the future as cruel and unusual punishment?\u201d DiLucente said.<\/p>\n
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