DRIVING UNDER THE INFLUENCE: HOW THE PENNSYLVANIA SUPREME COURT CAN ENCOURAGE LIBERAL APPROVAL OF ARD FOR DESERVING FIRST-TIME OFFENDERS WHILE ALLOWING AN ENHANCED SENTENCE FOR SUBSEQUENT OFFENSES BY RETURNING TO CHICHKIN.

The article discusses issues on the sentencing and penalties of first-time offenders of the crime of driving under the influence (DUI) in Pennsylvania and the move by the state Supreme Court to encourage the liberal approval of accelerated rehabilitative disposition (ARD). Also cited is the ruling by the Superior Court of Pennsylvania in the case Commonwealth v. Chichkin claiming that ARD should not be considered a conviction for sentencing purposes as it violates due process.