Virginia DUI / DWI Questions & Answers
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
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 license. There... Read more »
Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
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 »
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 license... Read more »
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 spend that... Read more »
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 »
I don't see any DUI question here the seems to be a landlord tenant issue.
Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.
Q: what is this code pertaining to my case I receive this as I got DUI 12 15 18
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.
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.
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
Q: Are there penalties for avoiding a DUI checkpoint?
It depends on how it was avoided. It is possible in some cases to avoid a checkpoint making a completely legal maneuver.
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 »
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.
Q: What if I lose my license because of a DUI but continue to drive anyway?
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.
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
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 »
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.
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.
Q: Can I refuse a breath or blood test until I have a lawyer present?
No, you’ll still be charge with refusal because it is a civil violation.
Q: How do you get an interdiction removed in virginia?
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).
Q: How accurate are breathalizers? Is there any way to challenge the results in court?
You can challenge them to some extent. The department of forensic sciences maintains records on the machines and an attorney can get access to recent tests. But challenging them is fairly technical. The machines are also making assumptions that may or may not be true regarding your body's blood... Read more »
Q: Do past DUI convictions mean my punishment will be more severe if I get convicted again?
Past convictions for DUI often do mean your punishment is going to be more severe. Certain offenses like a DUI 2nd within 5, 2nd within 5-10, or third offense within 10 or 4th offense within 10 years have mandatory elevated penalties if you are convicted as charged. Where you got convicted (what... Read more »
Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license
currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving... Read more »
Q: Hello, Whats does a Nolle Prosequi mean for SC-FAIL TO COMPLY/ASAP?
My case for DUI-1st was a guilty. I ended up moving away and currently living in another state. I do not drive at all, and will not until I comply.
I went back to review my case and pay fines, and found Nolle Prosequi for ASAP classes.. Does that mean I can just pay my fines, and get back... Read more »
It sounds like you were charged with a show cause for failing to comply with asap. The show cause is a criminal charge to bring you before the court to answer for why you did not comply. Nolle prosequi means to decline to prosecute. So it does not have anything to do with your requirement to... Read more »
Q: VA-Charged with open container..04 BAC.DUI reduced to Reckless 11 years ago. What should I expect? Fine/Jail/Suspension
Checkpoint. Not pulled over. Fauquier County.
Assuming you were charged under 18.2-323.1, then that is a class 4 misdemeanor which is punishable by a fine only up to $250. It is a class 4 misdemeanor which carries no possible jail time.
Q: In Virginia in 2018 are you allowed to refuse a blood test?
Was pulled over in June, given at least 8 field sobriety tests and then told I could not refuse a blood test. Arrested and charged with dwi on my prescription medicine
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
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