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Virginia DUI / DWI Questions & Answers
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...
Read more »

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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... Read 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.... Read 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... Read 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
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
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... Read more »

Faraji A. Rosenthall
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... Read 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
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... Read more »

Stephen Patrick Pfeiffer
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
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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: My revoked Wva licence are almost expired. I moved to Va, can I get a Va licence?

I have took the required Dui and counseling but the instructor will not sign off on my licence. She never called me in to take the final drug test or anything. I was in a drug program which was seperate from my classes but in the same building but she used my drug test from the program instead of... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jun 24, 2020

This may depend on how West Va enters your information into their DMV system and where you got your DUI. But it would be easier if you transfer your license to VA BEFORE you WVa license expires.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you operate a boat in Virginia while having a suspended driver’s license due to dui?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Jun 4, 2020

The short answer is yes. When you’re convicted of a DUI in Virginia your privilege to operate any “motor vehicle” is suspended. As a result, you are prohibited from operating any vehicle with an engine including a boat.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Virginia on
Q: Got first DWI in VA on felony probation. was told id be violated. been 3 months and nothing. do i have to be convicted?
Shemeka C Hankins
Shemeka C Hankins answered on Mar 12, 2020

You do not have to be convicted but sometimes this is the way that the probation officer will do it as long as you have let them know about the arrest. You are technically not in violation until you are convicted if the arrest is reported to probation as well.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them.... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Feb 7, 2020

You just need to own up to it and if there is something outstanding get it taken care of. Hire a lawyer to go with you if possible and let them deal with getting you the best outcome possible. Good luck.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: Hello! I have 3 FUIs and it's been 6 years. The judge in my county is harsh. Can I move and petition another one?

3 DUIs 6 years ago. Judge in Albemarle won't reinstate me. Army/Iraq veteran! I already petitioned and did pretrial with VASAP. Judge said no but that I could reset the docket as she didn't even know I'd be there that day.

Susan Fremit
Susan Fremit answered on Jan 30, 2020

I am not certain what you are trying to say. Is the issue getting your driving privileges reinstated? If so, you should hire a local experienced criminal defense attorney to help you. The first step is to comply with ASAP's requirements regarding getting your privileges reinstated.... Read more »

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dwi in virginia yesterday. Is there any way to ask for them to not suspend my license or add points to my licen?

I got pulled over going 45 in a thirty. I had several beers and thought I did well on sobriety test. I consented to a breathalyzer because I thought I wasn't over. I blew .14 or something. I got arrested and ge tried to get me to submit another breathalyzer back at police station but I... Read more »

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Nov 10, 2019

What city were you arrested in? Unfortunately, you cannot make an agreement where you will not be assessed points. A DUI conviction not only carries with it demerit points but a 12 month license suspension, a requirement for ignition interlock, alcohol monitoring through ASAP and even a possibility... Read more »

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI and a reckless driving. On 2 seperate occasions. He said I was going 105 in a 55 on the reckless. An.

And I blew a 0.10 on the breathalyzer. I'm wondering how screwed I am. Ps: I'm in the military. I bought an attourney for both occasions and I'm hoping for the best.

Daniel P Leavitt
Daniel P Leavitt answered on Oct 21, 2019

You'll probably go to jail for a bit and get a suspended license.

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1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

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