In the charge is a violation of subsection (d), meaning drugs were involved, all subsections are in the highest range of penalties. Therefore, there is no difference in penalties for a (d)(1) or a (d)(2) violation. However, if your attorney is trying to arrange a plea offer to an (a)(1) violation, a charge that alleges that you were under the influence to the extent that you were rendered incapable of safe driving, then the penalties are substantially different. A (d)(1) violation is a first degree misdemeanor, punishable by a sentence of 90 days to 5 years, $1,500 to $10,000 fine, and 18 month suspension of driving privileges. An (a)(1) violation is an ungraded misdemeanor with a sentence of 5 days to 6 months, $300 to $2,500 fine, and 12 month suspension. The difference between the charges is substantial.
Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801
It is a way of downgrading the case to a lower tier that, if successful, will result in lower mandatory penalties. Since you already have an attorney, I would suggest that you ask this question of him or her. It is part of the reason an attorney represents you so that s/he can explain these issues to you. Good luck.
David Bradley
Bradley Law Firm, LLC
I agree that you need to ask your lawyer. If this is his intention, you may want to ask him if he knows what he is doing. Changing the charge from D2 to D(a)(1) is not a reduction. It is merely a change in the charge as it relates to DUI drugs.
If it is his intent to negotiate reduction from tier 2 to tier 1, then that would be a more substantial change. Speak with your lawyer...
