What are ALL the minimum and maximum penalties I face for a DUI Controlled Substance Schedule II or III - First Offense on ARD?

Asked over 1 year ago - Pittsburgh, PA

Will any of the following be helpful to the judge in considering my penalties?

Have an illness & a letter an expert in the field explaining to the court that other causes of the swerving relating to the illness were not ruled out.

Have a letter from a forensic toxicologist explaining that amphetamine does not impair driving in the way I describe. In fact it can increase vigilance and relieve fatigue & improve driving. In fact amphetamines are administered to helicopter pilots in the military to this day for sustained vigilance during long missions. This quote is from the NHTSA: “Amphetamines have few effects on cognitive functioning & may result in an enhancement of some psychomotor tasks."

Accepted into ARD program but have not had my ARD hearing.Will have ALL req. done b4 sentencing.

Additional information

I'm asking specifically about minimum and maximum ranges for probation time, fines, approximate court costs you most frequently see, and suspension time for DUI: Controlled Substance - Schedule 2 or 3 - 1st Offense (M). I was also charged with the following offenses at the same time. Although they will "disappear" after ARD is complete, do I also face the min and max ranges for probation time, court costs, fines, and suspension time for each of them?

DUI: Controlled Substance - Impaired Ability - 1st Offense (M)
Careless Driving (S)
Recklessly Endangering Another Person (M2)
Fail To Keep Right (S)
Disregard Traffic Lane (Single) (S)
Limitations on Driving on Left Side of Road (S)
Disorder Conduct Hazardous/Physi Off (M3)

Attorney answers (4)

  1. Zachary Cooper

    Contributor Level 13

    5

    Lawyers agree

    Answered . ARD is for first time offenders and if you successfully complet the program with your facts would have a 2 month suspension, no jail time and would have no record after everything is done. If you chose not go go onto ARD you would be facing 72 hours- 6 months in jail, a $1000-$5000 fine, a 12 month license suspension and a permanent record.

    I strongly recommend that you talk with an attorney about all your options and possible defenses. Every county in Pennsylvania handles ARD differently so you want to make sure that you talk with an attorney from this county. Good Luck.

  2. Christopher M. Patterson

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you have applied for, are accepted into, and successfully complete ARD, you do not have to worry about minimum and maximum penalties for the offenses you are charged with. In addition, if you complete the program successfully, you will be eligible to have all criminal records of the charges filed against you erased. Because your DUI is for controlled substances, you will face a minimum license suspension period of 60 days. Other requirements of the program are set by the DA in the county where you were charged. Information may be available on the web site of the District Attorney or Court in that county. However, to get the most complete explanation about ARD program requirements, fees, costs, length of supervision, etc., you should speak to an experienced criminal defense lawyer there. Good luck

  3. Robert C. Keller

    Contributor Level 20

    1

    Lawyer agrees

    Answered . ARD is a first time offenders program and is not a conviction. Upon completion of the program, the charges are dismissed and you will be able to have the case expunged. It J's suggested that you retain a criminal defense attorney to explore a your options and make sure that you receive the best possible resurion. Good luck.

  4. Bryan Eugene DePowell Jr.

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Just to add to my colleagues, you would also be required to complete the Alcohol/Safe driving course (12 hours) and likely something called a victim impact panel (usually about 2 hours). Additionally, depending on the jurisdiction, you may have a community service requirement and D&A evaluation. It's best to hire a knowledgable and qualified attorney to guide you through this process. Good luck.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI penalties

A conviction for DUI will allow courts to impose various criminal penalties, but you may also end up facing certain civil penalties as well.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,297 answers this week

2,974 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,297 answers this week

2,974 attorneys answering