If I got a DUI and passed/completed my ARD program, what will happen if I get pulled over with a possession of a controlled substance 3 years later?

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If I got a DUI and passed/completed my ARD program, what will happen if I get pulled over with a possession of a controlled substance 3 years later?

Will it affect anything from previous charges?

Asked on April 27, 2015 under Criminal Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The charges will be handled independently-- so that won't go back and redo the sentence for the DUI unless you are still on probation for the DUI.  If you are still on probation, your probation could be revoked.

With regard to the new charge, it could affect how the judge and prosecutor look at your case and result in a higher sentencing recommendation.  The view will be that you have graduated from one addiction issue to a more serious addiction issue.  However, a number of other factors could also influence your case.  I really recommend that you arrange for a consultation with an attorney that regularly practices in the court where your new charges are pending so they can ask you a few more questions and give you a better feel of what you are facing. 


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