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Virginia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Virginia on
Q: Does a misdemeanor DUI conviction qualify a person as being an addict or unlawful user?

The Firearms Purchase Elligibility Test on the Virgina State Police website states that: A person who answers “yes” to any of the below questions may be prohibited from purchasing or possessing a firearm pursuant to state and/or federal law.........Are you an unlawful user of, or addicted to,... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

A DUI conviction alone should not flag you as such a person, as alcohol use by adults 21 years of age or older is not inherently illegal. The gravamen of a DUI offense is impaired driving, not the drinking itself. A DUI also does not necessarily indicate an addiction. Furthermore, alcohol is not... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Virginia on
Q: I want to ask a judge to change a court order made in a plea agreement years ago; can I use the Motion to Amend/Review?

It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 3, 2023

You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: Is the smell of alcohol and having "glassy eyes" sufficient probable cause to make arrest on a Drunk In Public charge?

Cop testified the defendant was not acting in an obscene way, was not stumbling, did not have slurry speech, no blood-shot eyes, nor mentioned drinking alcohol or had any on his person.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 1, 2023

There is certainly a fertile argument, that he was not impaired without a visible effect to his muscular, skeletal movement.

1 Answer | Asked in DUI / DWI for Virginia on
Q: If convicted of maiming while dwi does that make it illegal for employers to allow you to see alcohol?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Sep 28, 2022

The answer is, it depends. If you were interdicted then it is illegal for you to purchase or possess alcohol. Often times, the courts will also include in the terms of your probation and good behavior that you were not allowed to purchase or possess alcohol. Virginia is an at will employment... View More

2 Answers | Asked in DUI / DWI for Virginia on
Q: Would it be a 3rd DWI within 10yrs if one offense was 18yrs ago in 2004?

I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Aug 3, 2022

It should not be a felony if the first was back in 2004.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: what is the penalty for first time 18.2-266. Inside car @ wawa to get water and composure; passed out. 911 call to er.

treated and discharged from er. Unable to sign Virginia Uniform Summons.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 28, 2022

If you’re convicted of a DWI in Virginia your license to drive must be suspended for 12 months. TheCourt is allowed to grant you a restricted driving license with interlock for a certain period of time. Additionally you’re facing up to a $2500 fine and up to one year in jail. Depending what... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: What does DWI:Drugs mean? Is it alcohol and drugs or just one of them

Traffic violation

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 5, 2022

I means the government suspects you were driving under the influence of drugs or a combination of drugs and alcohol.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Do I need permission to go to work

I have a restricted license. I put on the paper I am looking for a job. If I do get a job do i need permission still to go to work. Please send answers

Ann Thayer
Ann Thayer
answered on Sep 17, 2021

sorry --misread your question

Yes, if judge has authorized you to go to interviews etc you are good to do that

But if you get a job --you have to go file a motion to amend restricted license to add that to your restricted license...if you just start driving to new job without...
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1 Answer | Asked in DUI / DWI for Virginia on
Q: What happens next

Ok I have a restricted license and asap made me pay them 400 just for a referral to this outpatient treatment. Well I was told twice a week I must attend. The intake lady did my intake and she filled in the answers over video chat. I asked her can I do the one hr class and do 4 weeks. Well she... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Sep 6, 2021

Unfortunately, ASAP has the control here. You are in the position of being at their mercy. Though the program should potentially be tailored to more individual needs as they say they are doing, most people are treated very similar and have to go through the same amount of time for their courses.... View More

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg
answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: How to remove a false charge

On my driving record it says I killed someone on a dui. I got a dui but I never killed anyone. What can I do to get it removed? Can I sue someone about this they are making me do a treatment session due to this.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jun 9, 2021

This is may have been a clerical error and may be corrected by contacting the clerk of the court in which you were convicted.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Virginia on
Q: I live in Virginia and need to take ASAP classes, now that marijuana is legal here should I worry about testing positive

The law goes into effect on July 1st, and my first intake appointment isn’t until May 12

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 9, 2021

Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.

2 Answers | Asked in DUI / DWI for Virginia on
Q: i was never convicted of a DUI it was reduced to a misdemeanor am i still required to take an asap class ?
Shemeka C Hankins
Shemeka C Hankins
answered on Mar 16, 2021

It depends on if the court required you to or if DMV requires you to. The court can tell you that its not required but the DMV is a separate entity and can make you take ASAP related to their requirements. If neither has ordered you to, then you are free to go.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dui over 10 yrs ago never took asap,license are revoked till I get a asap paper, what to do
Paula Hough
Paula Hough
answered on Mar 13, 2021

You should go to the Virginia DMV and get a "compliance summary" which will tell you what you need to do to get your license reinstated.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI in 2014. I completed my ASAP classes, and my license was reinstated. How long will it stay on my record?

I was able to get my license reinstated as early as possible as I completed everything the courts required well before I was able to get my license reinstated. I thought it only stayed on my driving record for 7 years but everything I see now says it's 11 years. This case was in Chesapeake, VA... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Mar 7, 2021

A DWI in Virginia stays on your driving record for 11 years. Unfortunately as the law is currently it stays on your criminal record forever. There are efforts in the legislature to reform the current system but as it is now it cannot be removed from a criminal record.

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1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... View More

Paula Hough
Paula Hough
answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Do i still need to go

My car was broke down and i was waiting for my boss to come and i got a Dui. This happened 15 yrs ago. Do i still need to go to classes and have the interlock installed on my car

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Oct 10, 2020

If you never attended ASAP the DMV will require you to do so in order to get your license reinstated. The best thing to do is to contact the DMV for a compliance summary.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I received a D.U.I. approximately 8 years ago in Virginia, i paid all my fines, but was required to attend VASAP

I was also told I'd have to have a breathalyzer installed in my vehicle for at least 6 months. Last year or so I asked for a transcript of my charges to ask the D.M.V. what I need to to start getting my licenses reinstated. Since the breathalyzer wasn't present on my transcript would I... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Oct 3, 2020

In classic legal form the answer is it depends. If the court didn’t order you to have the interlock in your vehicle and you simply walked without driving during your suspension time you may be able to simply finish the ASAP course and pay your reinstatement fee to get your license back.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: I got a dui in 2014 and was wondering if the classes required fall off my record at some point?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Aug 6, 2020

Unfortunately the VA DMV will require you to complete ASAP in order to have your license reinstated.

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