First time VA DWI offender - likely penalty?

[1TimeDWIOffense]

What is the name of your state (only U.S. law)? VA

Hello,

I was driving solo and arrested while driving drunk - there was no accident, I was going down the wrong direction on a 1 way road. I failed the field sobriety test and blew a .27. This is my first offense, I have no criminal record, and have not had a ticket (speeding) since 2003.

I was polite and courteous, and the magistrate told me he wanted me to consider this a "warning", so I was in the city lockup for a few hours and released. The Warrant of Arrest is marked as "General District Court Traffic" as opposed to "General District Court Criminal". It is marked as a Class 1 Misdemeanor with a bond of $1500 owed to the Commonwealth of VA, though I did not have to pay anything up front. The codes listed on my recognizance are 18.2-266 and 18.2-270, both of which I am already familiar with.

My court date is has been set for two days after the arrest - I will request this to be changed to give myself time to find a good lawyer as money is not an object.

Is there any way to plea to avoid the mandatory 10 day jail term, to suspend it via probation, or at least serve only on weekends? How about the ignition lock breath tester? I understand I will have my license restricted or suspended for a year.

Thank you all for your advice!

 

[seniorjudge]

What statute number are you charged under?

 

[1TimeDWIOffense]

I JUST now editted my post to include that. Thanks.

 

[seniorjudge]

Based solely on the facts you gave us, I'd say the prosecutor will show no mercy.

You need to hire a lawyer yesterday.

 

[1TimeDWIOffense]

I'm already contacting several, but being that it's Sunday I don't expect to hear back today. I hope ReformedMan sees this - he posted in late June that some of Virginia's harsh penalties were deemed unconstitutional and really hope he can expand on that and his own experience.

 

[1TimeDWIOffense]

OK, I guess that court date that was set for 2 days after my arrest is simply the arraignment, right? The recognizance form references statutes 19.2-123, 19.2-143, 19.2-258, all of which reference securing of bond, jury trial rights, etc. Does it make any sense to reschedule this? I honestly do not know if I can get representation in one day.

 

[seniorjudge]

Q: Does it make any sense to reschedule this? I honestly do not know if I can get representation in one day.

A: Show up for court. Enter a not guilty plea and ask for time to get a lawyer.

 

[1TimeDWIOffense]

Thanks again. If I enter a Not Guilty plea does that in any way restrict my ability to plea down the penalties?

 

[1TimeDWIOffense]

Turns out I don't need to even enter a plea on Tuesday, but I'm still going to try to reschedule this so I have a lawyer present - already in contact with a couple.

Anybody else with DUI/DWI in Virginia (both are covered by the same statute, 18.2-266) please chime in with your experiences and any tips for pleaing down or just avoiding serving jail time in any way. Thanks!

 

[FlyingRon]

Around this end of the state most first timers get a suspended sentence. Fine, VASAP, probation, 6 month suspension (restricted after 60 days).

 

[ReformedMan]

Stinks you got nabbed in Va, this state is pretty rough on DWI'ers. What was the date of your DWI? It makes a big difference in sentencing (especially with the fines). I was a DWI, no problem getting weekend sentencing (although with a 0.27, seriously doubt you can hope to avoid ANY of the 10 day mandatory minimum). Just have your lawyer (who I hope you have by now) ask for it... I had to show a letter from my manager stating I was in good standing with the company and they would keep me on the payroll if I was allowed to serve only on the weekends.

Other than that, my fine ended up being $750 after they repealed the harsh fine laws. 10 days on the weekends (only had to do 9 after sentencing, the night I spent in the drunk tank counted as 1 of them). If you want more info on that PM me and I can tell you about it.

I got interlock for 6 months, expect to pay just over $100 when they install it, then around $65/month until it's gone. License suspended (but I got the restricted license to be able to go to and from work) for a year... almost done with that... woo!! Anyway.. think I covered everything you were asking about? If not, just shoot me a PM. I tend to avoid the DUI forum because I don't like to have it in my face everyday. I'll try to check back though in case there are more questions... never thought I would be specifically mentioned on any of the threads. Hope this helps! And don't do it again!

 

[FlyingRon]

It very much matters which court (county) your are charged in. The judge who runs the GDC Traffic in Fairfax is pretty adamantly against weekend jail time and I think Loudoun is as well. You do get your drunk tank time served off (by the way the drunk tank is back where you'll end up serving such a brief jail time anyhow). Also ten days in VA time is really 5 days in most circumstances.

 

[ReformedMan]

That's very true about the county differences, I guess I over-simplified a complex issue.

And here in Henrico county they almost NEVER drop the days from the mandatory minimum. They don't believe in the 10 days=5 days math unfortunately.

OP which county are you charged in?

 

[DWI]

What is the name of your state (only U.S. law)? VA

Hello,

I was driving solo and arrested while driving drunk - there was no accident, I was going down the wrong direction on a 1 way road. I failed the field sobriety test and blew a .27. This is my first offense, I have no criminal record, and have not had a ticket (speeding) since 2003.

I was polite and courteous, and the magistrate told me he wanted me to consider this a "warning", so I was in the city lockup for a few hours and released. The Warrant of Arrest is marked as "General District Court Traffic" as opposed to "General District Court Criminal". It is marked as a Class 1 Misdemeanor with a bond of $1500 owed to the Commonwealth of VA, though I did not have to pay anything up front. The codes listed on my recognizance are 18.2-266 and 18.2-270, both of which I am already familiar with.


Thank you all for your advice!

The good thing about your question u being very honest. I am sure that's the main reason they marked your arrest warrant as "General District Court Traffic". If possible hire the services of a good DWI lawyer with great record. Your case is clear, but having a pro fighting for you help you with penalties.

 

[FlyingRon]

The good thing about your question u being very honest. I am sure that's the main reason they marked your arrest warrant as "General District Court Traffic". If possible hire the services of a good DWI lawyer with great record. Your case is clear, but having a pro fighting for you help you with penalties.

No, they do GDC traffic because that's how they manage those caseloads. All the driving related misdemeanors (DWI, Reckless, Driving while suspended) start there. For practical matters, there's really no difference between the flavors of GDC other than scheduling.