The Pennsylvania Superior Court reviewed an order denying the defendant’s first PCRA petition after being convicted of DUI and sentenced as a second-time offender. The first DUI was based on his acceptance into the ARD program. The Court held that its decision in Commonwealth v. Chichkin was a new constitutional procedural that applies to future cases and matters pending direct review at the time of the opinion. However, the ruling was neither substantive in nature nor is a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the proceeding. Thus, though ARD admission cannot form the basis of a prior DUI for sentencing purposes, the rule did not apply to the defendant’s case.
