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How Pennsylvania's New DUI Law Addresses Shifflett, Eid, and Sentencing Changes
Pennsylvania's new DUI law clarifies critical issues raised in Shifflett and Eid. Importantly, it adjusts how ARDs count as priors and allows probationary conditions for driving while suspended DUI-related.
ARDs and Shifflett—What Counts Now?
Shifflett still stands for ARDs before the new law—they do not count as priors unless placed on record under oath. Moving forward, ARDs recorded under oath after this law was enacted will count as priors, enhancing subsequent offenses.
Eid and Probationary Conditions
The law also builds on Eid. Now, when sentencing for driving while suspended DUI-related, courts can include probationary conditions like house arrest or work release as part of mandatory penalties.
Consecutive Sentencing for Homicide by Vehicle
Finally, the law mandates consecutive sentences in homicide by vehicle cases, ensuring each offense is penalized distinctly.
In short, while prior ARDs from before the law aren't retroactively counted, future ARDs will. Alongside clearer sentencing guidelines, Pennsylvania's new DUI law tightens the framework.
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