Charged with DUI in Chesapeake Va

[Ididntdoit]

Virginia

I was charged with drunk driving on July 4th and I have a secret clearance. If I get convicted I'm toast...i think. Secret clearances don't get review for 10 years so I have 8 years left on it at my current job. However, My company has not gotten a renewed contract and I may be out looking as I have been just in case. I've already submitted one application, the day before I got arrested. I guess my question is can background checks find pending DUI cases and do I have to reveal this to potential employers if they ask? I'm not convicted yet.

Also, since my BAC was .17 there's a 5 day mandatory jail sentence in VA. I would like to challenge the reading to avoid jail time. What can a lawyer do? Can a plea bargain accomplish this?

Anybody's answer is welcome.

[Curt581]

Originally Posted by Ididntdoit

I was charged with drunk driving on July 4th and I have a secret clearance. If I get convicted I'm toast...i think. Secret clearances don't get review for 10 years so I have 8 years left on it at my current job. However, My company has not gotten a renewed contract and I may be out looking as I have been just in case. I've already submitted one application, the day before I got arrested. I guess my question is can background checks find pending DUI cases and do I have to reveal this to potential employers if they ask? I'm not convicted yet.

I would disclose it. If you're asked on an application if you've ever been arrested for a crime, the answer is "yes". If they ask if you've ever been convicted of a crime, the answer is "no" (right now). The reason I'd disclose it now, is that if they find out about it later, you might get points for being honest. If you don't disclose it, you'll almost certainly be out the door when they do find out. At minimum, a company will perform a driver's record check if there is the slightest possibility that you could drive on company business. Insurability and all that.

Also, since my BAC was .17 there's a 5 day mandatory jail sentence in VA. I would like to challenge the reading to avoid jail time. What can a lawyer do? Can a plea bargain accomplish this?

Challenging the test result is an iffy proposition at best. It usually involves a motion to suppress, with an expensive expert witness to explain why the test was faulty. If you lose the motion, you'll get little or no consideration in that regard for sentencing if you lose at trial. Better to try and negotiate a reduction early on. If negotiations don't work out as you hope, you can still try a motion.

Spend the money, hire a good local DUI attorney to negotiate for you. He or she will know the local courts and what they're willing and not willing to deal on.

[paguy88]

Originally Posted by Ididntdoit

Virginia

I was charged with drunk driving on July 4th and I have a secret clearance. If I get convicted I'm toast...i think. Secret clearances don't get review for 10 years so I have 8 years left on it at my current job. However, My company has not gotten a renewed contract and I may be out looking as I have been just in case. I've already submitted one application, the day before I got arrested. I guess my question is can background checks find pending DUI cases and do I have to reveal this to potential employers if they ask? I'm not convicted yet.

Also, since my BAC was .17 there's a 5 day mandatory jail sentence in VA. I would like to challenge the reading to avoid jail time. What can a lawyer do? Can a plea bargain accomplish this?

Anybody's answer is welcome.

well I can appricate your situation...

let me ask you this...

and be honest with yourself...

were you drunk? how much did you drink? did you drink enough to be to drunk to drive.. better yet do you have any idea how much you need to consume to be to drunk to drive?

if the anwser deep down is yes I was too drunk.. why challenge anything? I am not saying don't fight it... that is your right to do so... I dont know VA but if you get a plea offer that will most likley come before you get to this stage...

You work up on the 4th of July with a normal life and now things are so iffy....

Next before you suddenly decide to disclose anything to anyone.. what is your compnay policy if any on a arrest... ? do you know? if not find out before you do anything...

I realize you have securty clearance... and all but before you just say hey BTW to you boss at the water cooler.... I got a DUI arrest over the 4th...

why not look into what the policy is...

[FlyingRon]

Can't vouch for secrets, it's been a long time. But for most other investigations they will inquire both your coworkers, references, local police, and search databases. They will find out the charge even if you are never convicted.

[TheGoodWitch]

Did you blow .17 at the time of your arrest or during the FST? I was told by my attorney there is a loophole and if you blew lower at the FST but higher when you got to jail, you can ask that the lower BAC be used to determine your sentence.

Normally the BAC taken during the FST is not admissible in court.

With a BAC over .15 there is a 5 day mandatory minimum jail sentence. The judge told me that this cannot be waived. If you were arrested and spent the night in jail, you can ask the judge if that night can count as time served, then you would only have to spend 4 days in jail. This is still at the judge's discretion.

I have no idea about the security clearance...sorry...

Other things about VA DUI...with that BAC, you are also looking at mandatory license restriction of 1 year, mandatory ASAP and mandatory Ignition Interlock for up to 1 year.

I was told that with a mandatory jail sentence, I was required to obtain legal counsel for my court date. Make sure you get a good DWI lawyer as they are not all created equal.

I researched all of the DWI laws and nuances before I went to court so I could mentally prepare myself for what was inevitably coming my way. They all say that a DWI conviction in the eyes of the court should be a case never lost...

I have discussed DWI with friends who were also arrested with similar BAC's and some of them were able to get a reduction. If you can get it reduced to under .15, you will not spend time in jail, also the mandatory minimums change. My attorney asked for a reduction and was denied even though this was my first offense and I had a good driving record and no criminal record but I know of other people who were able to get this reduction based on those conditions. I don't know what the difference was....I am told that your attorney's relationship with the prosecutor and judge may play a factor in this....