Richmond, VA asked in DUI / DWI for Virginia

Q: Inpatient Treatment/Rehab

If you are charged with a felony DUI and you successfully complete a 30 day inpatient rehab/treatment program before your court case will that help your defense?

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3 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • DUI & DWI Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: It certainly won't hurt. It may give your attorney a good argument for your felony dui to be amended to a miss. dui.

Stephen Patrick Pfeiffer agrees with this answer

Stephen Patrick Pfeiffer
PREMIUM
Stephen Patrick Pfeiffer
Answered
  • DUI & DWI Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: It will not help your defense but it could serve as a good point of mitigation with the prosecution or the judge at sentencing.

Steve Miyares
Steve Miyares
Answered
  • DUI & DWI Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: It could be beneficial in mitigation for sentencing to help reduce the amount of jail time to which a judge may sentence you (although it will not reduce the mandatory minimum jail time you are still facing for a conviction). Hiwever, it would not offer any help as to your defense against the elements of the offense. Depending on your jurisdiction, you might have a local prosecutor willing to agree to reduce the charges as part of some negotiated guilty plea agreement, although in my experience prosecutors are generally reluctant to reduce felony DUI charges.

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