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Virginia DUI / DWI Questions & Answers
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 license. There... 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 license... 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 spend that... 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).

1 Answer | Asked in DUI / DWI for Virginia on
Q: How accurate are breathalizers? Is there any way to challenge the results in court?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 20, 2018

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 »

1 Answer | Asked in DUI / DWI for Virginia on
Q: Do past DUI convictions mean my punishment will be more severe if I get convicted again?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

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 »

1 Answer | Asked in DUI / DWI, Immigration Law and Traffic Tickets for Virginia on
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?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

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 »

1 Answer | Asked in DUI / DWI for Virginia on
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 »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

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 »

1 Answer | Asked in DUI / DWI for Virginia on
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.

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

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.

2 Answers | Asked in DUI / DWI for Virginia on
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

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Oct 7, 2018

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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