The worst call I get is from a family whose son or daughter was driving after drinking and someone died. These cases carry years in state prison. For a driver who went through ARD in the past ten years, a 2025 law made them worse.

The charge

Homicide by vehicle while driving under the influence is in 75 Pa.C.S. § 3735. The Commonwealth must prove that the driver was DUI and that the DUI caused the death. With no prior record it is a second-degree felony with a mandatory minimum of three years in prison for each person killed.

What changed on December 22, 2025

Act 58 of 2025 was the legislature's answer to Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025), which held that a prior ARD could not be counted as a prior offense at sentencing. The act did two things in § 3735.

First, it took "acceptance of ARD" off the list of prior dispositions that raise the grade of the offense.

Second, it added the ARD back in through the new crime of DUI following diversion, 75 Pa.C.S. § 3802(h). That is a DUI within 10 years after completing ARD. Under the amended § 3735:

In plain terms, an ARD you finished eight years ago can turn a three-year minimum into a five-year minimum.

The Commonwealth still has to prove the ARD

Under Act 58 the prior ARD is part of a charge, not a line on a sentencing sheet. The Commonwealth has to prove it with a certified PennDOT or court record. The clerk of courts now keeps those records for 12 years, even after an expungement.

Where these cases are won and lost

• Causation. DUI alone is not enough. The impairment has to be the cause of the death. Speed, road design, the other driver and mechanical failure all matter, and they call for a reconstruction expert.
• The blood test. Hospital blood is not the same as forensic blood, and warrant and consent issues are common after a crash.
• The 10 years. The period runs from completing ARD. The dates have to be checked against the record.
• Whether the old ARD counts at all. Act 58 has no clause saying it reaches ARDs completed before it took effect.
• Statements. Drivers in shock talk to police at the scene and at the hospital. Whether those statements come in is often the first motion.

Charges such as third-degree murder, aggravated assault by vehicle while DUI and homicide by vehicle are often filed alongside. I covered when a DUI death becomes a murder charge in an earlier post.

If someone you love is under investigation after a crash, the time to call a lawyer is before charges are filed.

Frequently asked questions

What is the sentence for homicide by vehicle while DUI in Pennsylvania? A mandatory minimum of three years in prison for each victim on a first offense. The minimum is five or seven years where a prior ARD or prior DUI offenses are involved.

Does a prior ARD increase the penalty for a fatal DUI? Yes, since December 22, 2025. If the driver is also convicted of DUI following diversion, the offense is a first-degree felony with a five-year mandatory minimum.

Are the sentences consecutive for more than one victim? Yes. The statute requires a consecutive mandatory term for each victim.

Can I get ARD for a DUI crash that killed someone? No. ARD is not available where the crash caused death or serious injury.

Paul M. Aaroe, II, the DUI GUY™, of Aaroe Law Offices, PC, defends DUI and vehicular homicide cases in eastern Pennsylvania. Call (610) 559-7401. This post is general information, not legal advice.