Kauffman Bill to Create ‘DUI Following Diversion’ Offense Approved by State House

September 30, 2025

HARRISBURG - This week, the Pennsylvania House of Representatives 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 (driving under the influence) offense.

Kauffman said the legislation aims to address a flaw with the current ARD program. Specifically, in the case of the Commonwealth v. Shifflett, the Pennsylvania Supreme Court held it is unconstitutional to treat a defendant's prior acceptance of ARD for a DUI as a "prior offense" for the purpose of imposing an enhanced sentence on a subsequent DUI conviction.

"House Bill 1615 would correct what is lacking in current law by mandating 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," said Kauffman. "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."

The bill 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.

"House Bill 1615 would 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.

House Bill 1615 now goes to the Senate for consideration.

Representative Rob Kauffman
89th District
Pennsylvania House of Representatives
Media Contact: Tricia Lehman
717.772.9840
[email protected]
RepKauffman.com