If you get charged, you need to hire a seasoned criminal defense attorney. If you have no prior criminal convictions, you are likely to be eligible for ARD which offers an opportunity to earn a dismissal of the charges and expungement of the record. There may be other ways to defend this as well.
I agree with my colleague, Mr. Wagner. You need to speak confidentially with an experienced criminal defense attorney, who can advise you of your options. A review of all of the facts may disclose a defense to the charge. If not, you may be eligible for ARD. Most criminal attorneys in Central PA, myself included, offer brief initial consultations for no charge. Most importantly, do not post additional information about your situation on this or any other public site as your statements may be used against you. Good luck.
You will likely be charged with DUI-Controlled Substances under 75 Pa.C.S.A 3802(d). Because you have a prescription for the medication, the government will be required to establish that the controlled substance impaired your ability to safely operate a motor vehicle. An accident, in and of itself, does not always equate to being incapable of safely operating a motor vehicle.
As a former Lancaster County prosecutor, I can tell you that while it is likely that you are eligible for the ARD Program, it is neither a gift nor is it a goal. The ARD program has negative consequences such as license suspension, community service, etc. In addition, an ARD disposition remains on your driving record for 10 years. ARD does not wipe the slate clean. ARD can be the lesser of two evils.
It is imperative to have a full and fair DUI case evaluation with an experienced DUI defense attorney. You should seek out a DUI defense attorney with special knowledge related to prescription drug cases.
Mr. Kelley's advice is the most important. Stop posting statements that can be used against you!
The information provided in response to the question posted is not nor is intended to be legal advice. You should consult with and retain an attorney to review all of the facts of your situation. No attorney-client relationship is established through questions and responses on avvo.com
Any such case involves a multistage analysis. First, you must analyze your chances of success in challenging the matter. If you after evaluation of the matter with your attorney, you are almost certain that you will prevail in challenging the matter, you may wish to go that route. If you are not certain then the possibility of ARD should be explored. Please understand that every county's DA's office has different rules about was is eligible for ARD and an accident could possibly be an exclusion. If ARD is not available then you must decide whether you wish to accept a plea deal or go to trial. You need the help of an experienced attorney to take you through this process. Good luck.
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