Whalen v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

OPINION

Justice McCAFFERY.

In this case, we must determine whether acceptance into an Accelerated Rehabilita-five Disposition (“ARD”) program following a second charge of driving under the influence of alcohol (“DUI”) constitutes a DUI violation and thus triggers the requirement for installation of an ignition interlock system as a condition of license restoration. Because we determine that the Commonwealth Court erred in its interpretation of the relevant statutory provisions when it concluded that acceptance into ARD did not establish a DUI violation, we reverse.

On August 30, 1997, John K.…