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Virginia DUI / DWI Questions & Answers
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... View More

Stephen Patrick Pfeiffer
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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
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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... View 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
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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.... View More

Daniel P Leavitt
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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.... View 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... View More

Stephen Patrick Pfeiffer
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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... View 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
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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... View 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
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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... View 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... View 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... View 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... View 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,... View More

Daniel P Leavitt
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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
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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
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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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Are there penalties for avoiding a DUI checkpoint?
Daniel P Leavitt
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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?... View More

Daniel P Leavitt
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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
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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
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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... View More

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