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Virginia DUI / DWI Questions & Answers
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 »

2 Answers | Asked in DUI / DWI for Virginia on
Q: How long after getting a DUI can u be charged with driving on revoke DUI. Isnt there a statue of limitations on a DUI.

Does your fine have to be payed off for the statue of limitations to be in effect

Daniel P Leavitt
Daniel P Leavitt answered on Jun 11, 2019

In Virginia you can get charged with driving on a suspended license after a DUI anytime before you get your license reinstated. Once your license is reinstated then you're not driving on a suspended license. If you don't get it reinstated then you always risk driving on a suspended... Read more »

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
Paula Hough
Paula Hough answered on Apr 9, 2019

By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI... Read more »

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1 Answer | Asked in DUI / DWI for Virginia on
Q: I plead guilty to DUI on 04/12/18 & was granted a restricted license for one year on that date.

1 year ends on the completion of 4/11/19. My DMV record shows my punishment thru 4/12/19. That makes my punishment 1 year & 1 day. I had a similar problem with dates getting my restricted license. It took a long time but the DMV saw I was correct. Am I correct now & should I get my regular... Read more »

Susan Fremit
Susan Fremit answered on Mar 28, 2019

You will need to pay the pay the reinstatement fee & have had 6 months incident-free on an interlock device before VA DMV will reinstate your full driving privileges. You can go to a DMV office on 4/11 but if they won't agree with you, you will be back on 04/12. Do you really want to... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: Eviction

Was evicted from rental homes,, was given 72hrs.. did not get everything moved..i asked many times, for more time to move,, from landlord and sheriff. Was told no, locks was changed and no trespassing signs put up.. now landlord is keeping my belongings that includes a custom motorcycle, tools,... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Feb 25, 2019

I don't see any DUI question here the seems to be a landlord tenant issue.

2 Answers | Asked in DUI / DWI for Virginia on
Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?
Daniel P Leavitt
Daniel P Leavitt answered on Feb 16, 2019

Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: what is this code pertaining to my case I receive this as I got DUI 12 15 18
Daniel P Leavitt
Daniel P Leavitt answered on Jan 24, 2019

I'm not sure what you're asking. It looks like 12/15/18 is a date and not a code. 18.2-266 is the Virginia code for DWI.

2 Answers | Asked in DUI / DWI for Virginia on
Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.
Daniel P Leavitt
Daniel P Leavitt answered on Dec 11, 2018

You will want to contact an experienced lawyer in the court where you got charged.

Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.

Dan

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Are there penalties for avoiding a DUI checkpoint?
Daniel P Leavitt
Daniel P Leavitt answered on Nov 30, 2018

It depends on how it was avoided. It is possible in some cases to avoid a checkpoint making a completely legal maneuver.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I was written up for underage drinking in Virginia and want to know what my options are if I plead guilty (first offense

I’m 18 years old and had an open container in public when a cop saw me put it under my jacket and throw it. He made me admit guilt and now I have to appear in court next week. He mentioned a first offender program, but if I don’t do that and just plead guilty, does it go on my record forever?... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 18, 2018

It's a criminal misdemeanor and you can't expunged those if you're found guilty. Even the first offender program would need to be discussed depending on the wording of the question on a background check. Get a good lawyer to help you they may be able to do better.

1 Answer | Asked in DUI / DWI for Virginia on
Q: What if I lose my license because of a DUI but continue to drive anyway?
Daniel P Leavitt
Daniel P Leavitt answered on Nov 16, 2018

As long as you have a restricted license and are driving within your restrictions you're good to go. If you don't you will have charges if they catch you.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Is a EMT qualified to draw blood for a DUI case in VA. How do I know if they are designated by order of a circuit court
Daniel P Leavitt
Daniel P Leavitt answered on Nov 16, 2018

For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: How can I verify that he person who drew my blood in a DUI was qualified to do so in the state of Virginia.
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Nov 16, 2018

You’ll need to get the name of the person who drew the blood from a discovery response from the Commonwealth Attorney. Thereafter you’ll need to check to see if that person is qualified under 18.2-268.5.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Can I refuse a breath or blood test until I have a lawyer present?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Nov 2, 2018

No, you’ll still be charge with refusal because it is a civil violation.

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1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Q: How do you get an interdiction removed in virginia?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

In Virginia, the court that entered the order may amend it or cancel it:

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/

You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).

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