General Assembly Approves Kauffman Bill Creating ‘DUI Following Diversion’ Offense

December 17, 2025

HARRISBURG - Legislation authored by state Rep. Rob Kauffman (R-Franklin), and approved by the General Assembly, 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) for a DUI (driving under the influence) offense. House Bill 1615 now goes to the governor's desk to be signed into law.

"The current legal system is flawed and in need of updating in order to hold repeat DUI offenders accountable, while also providing the opportunity for record expungement for those who improve their actions and don't make the same mistake again," said Kauffman, Republican chairman of the House Judiciary Committee.

House Bill 1615 would update current law by mandating a first DUI Following Diversion offense be penalized as if it were a DUI Second Offense if the person previously completed ARD. 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 address current law regarding 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 individual shall be subject to a mandatory minimum sentence of five years imprisonment, with a consecutive five-year sentence for each victim whose death resulted.

There would also be new procedural requirements for ARD. Specifically, before a defendant may accept ARD for a DUI, the court would conduct an inquiry, on the record, to ensure the defendant is knowingly, voluntarily and intelligently waiving his or her constitutional rights. If the defendant fails to successfully complete ARD and is brought to trial, any waiver or acknowledgment made during this inquiry would not be used against the defendant.

Furthermore, judges would be allowed to impose determinate sentences for summary traffic violations that carry a maximum possible penalty of no more than 90-days imprisonment under House Bill 1615.

"House Bill 1615 looks very different from the version I first introduced," said Kauffman. "I am grateful for the great work of my colleagues who collaborated with me to enhance the bill and make it a more robust piece of legislation."

House Bill 1615 is expected to be signed into law in the coming days.

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