First Offenders Act

[chappear22]

What is the name of your state (only U.S. law)?Virginia
Is there such a thing as the first offenders act for a dui charge in Virginia? If so, can you please expain?

 

[cyjeff]

What is the name of your state (only U.S. law)?Virginia
Is there such a thing as the first offenders act for a dui charge in Virginia? If so, can you please expain?

Penalties for first offenders are significantly less than those of subsequent offenders, but if you are asking about diversion or any other "do over" type of sentence, those usually don't apply to DUI...

Having said that, I will go through the VA statutes and make sure.

 

[FlyingRon]

No easy outs in VA (ARD, deferred prosecution, etc...) for DUI. Expect fine, VASAP, probation..

 

[cyjeff]

Taken from a very nice website...

Virginia DUI / DWI Help

§ 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).

Virginia takes DUI very seriously.

To give you an idea, VA DUI law takes 40 PAGES... murder is a single sentence.

If you haven't already sold your car to get an attorney, do so today.

 

[FlyingRon]

It's serious biz in VA, and while we don't know the circumstances, a moderate BAC, no accident or injuries, first offense (without any other simoultaneous factor like driving 100+ MPH), isn't too bad. In most of the counties I'm familiar with you go up in front of the judge in general district court. You'll get your license revoked, you'll get a fine, probation, court costs, and a referal to the VASAP (alcohol classes). You may get a suspended jail sentence (typically 60 days) but it would be unlikely you'll serve any of it.
You'll get a strong admonition not to be caught driving while suspended, or drunk driving during your period of probation or the "suspended" part will be reinstated.

Pay the court, pay your lawyer, pay the VASAP provider, pay your insurer for the SR-22 insurance, pay the DMV your reinstatement fee, ... (get the idea, the biggest penalty is going to be your wallet).

Go forth and sin no more.

 

[ladybug1972]

1st dui- .20 bac

in general, would you advise someone to use court appointed counsel, or is it better to hire your own? Thank you

It's serious biz in VA, and while we don't know the circumstances, a moderate BAC, no accident or injuries, first offense (without any other simoultaneous factor like driving 100+ MPH), isn't too bad. In most of the counties I'm familiar with you go up in front of the judge in general district court. You'll get your license revoked, you'll get a fine, probation, court costs, and a referal to the VASAP (alcohol classes). You may get a suspended jail sentence (typically 60 days) but it would be unlikely you'll serve any of it.
You'll get a strong admonition not to be caught driving while suspended, or drunk driving during your period of probation or the "suspended" part will be reinstated.

Pay the court, pay your lawyer, pay the VASAP provider, pay your insurer for the SR-22 insurance, pay the DMV your reinstatement fee, ... (get the idea, the biggest penalty is going to be your wallet).

Go forth and sin no more.

 

[sandyclaus]

in general, would you advise someone to use court appointed counsel, or is it better to hire your own? Thank you

If you can afford to hire your own counsel, you won't be eligible to receive court-appointed counsel.

 

[HighwayMan]

in general, would you advise someone to use court appointed counsel, or is it better to hire your own? Thank you

I would start my own thread to ask my question rather than hijack one that's been dead for three plus years.