DWI in VA

[traumatizedbad]

What is the name of your state? VA
Well here is my story:
Got stopped by the cops, did the FSTs (apparently failed), got handcuffed, panicked, cried, was detained. I also refused to blow the thing because I went in to total panic and wanted the nightmare to end.

I am terrified of the consequences of my stupidity and bad judgement call by driving after a few drinks...I am sad I was so irresponsible.

NEVER again!!!

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[Shay-Pari'e]

Thanks for the story.

[BigMistakeFl]

Research and get started on your penalties and figure out how you'll get around during your suspension. You can and will get through this, but it's no picnic. The sooner you dive into the DUI school, the community service, etc the sooner you'll be on the other side.

[garrula lingua]

From google:

§ 18.2-268.3 in English: If you unreasonably refuse the breath or blood test one time, you will lose your license on a civil basis. If you refuse for a second time, it is criminal offense (up to six months in jail) and you will lose your license for three years. If you refuse a third time, it is a more serious criminal offense (up to one year in jail) and you will lose your license for three years. The fact that you refused can also be used as evidence in the DUI trial.


§ 18.2-268.9 in English: The breath test (and in a different section the blood test) is governed by very specific laws and regulations. These regulations are intended to help assure fair tests. The test should conform with these regulations.


§ 18.2-270 in English: The punishment for violations of DUI varies depending upon whether the offense is a first, second, or subsequent offense. It also depends upon whether the blood alcohol level exceeded certain amounts. It also depends upon whether a child was in the car at the time of the arrest. A DUI conviction can be either a misdemeanor or a felony. For a first offense, where one has a blood alcohol level below 0.15, jail would be unusual. However, there is a mandatory 5 day jail sentence for having a blood alcohol level at 0.15 or above, and a mandatory 10 day jail sentence for having a blood alcohol level at 0.21 or above. Second and subsequent offenses have increased mandatory minimum penalties. Ultimately, a felony DUI carries a mandatory minimum penalty of six months in jail. The maximum penalty for a misdemeanor DUI is one year in jail; the maximum for a felony DUI is 5 years in prison. (In addition to jail, there are other penalties, such as a license suspension, alcohol education/treatment, and an ignition interlock device).


§ 18.2-270.1 in English: In some instances, the court must require one convicted of DUI to install an "ignition interlock" device on their car. This is a breath test device that one must blow into in order to start the car; and to blow into when directed to do so by the device while driving


§ 18.2-271 in English: If convicted of DUI, you will lose your driving privileges in Virginia for one year. A second conviction will result in a three year loss. A third conviction will result in an indefinate loss (at least 5 years). Under certain circumstances, a court can permit one to have limited driving privileges (such as driving to and from work).


§ 18.2-271.1 in English: Those convicted of DUI must enter and complete an alcohol education program administered by the state.