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  1. #1
    mike2002 is offline Junior Member
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    Jail time in Virginia 2nd DUI

    What is the name of your state? Virginia.

    My girlfriend got arrested a couple weekends ago for DWI, blood alcohol was .12. She was coming home from a bar with me and friends and had I think 3 drinks over 2 hours but thought she was okay to drive (I had a lot more). I know, she was obviously dumb to do that but it was a mistake. She wasn't thinking.

    Anyway, bad thing is it's her 2nd DUI in 3 years, and she got a resisting arrest for talking back to the cop. First one she was just over the limit but it still went down as a conviction I think (her license was suspended but no jail). We got a lawyer and he's telling her that if she doesn't plea she may be looking at anywhere from 6 months in jail to up to a year. If she pleas they'll jail her for 20 days (really hard to believe but new Virginia minimum for 2nd DUI w/in 5 years).

    Thing is she's totally freaked about doing any jail time. She's never had anything other than these two DUIs, not even a speeding ticket. She's 23, 5'1", 105 pounds, A student, attractive, total goody-good and really modest, and she's completely petrified about what jail (particularly in a law enforcement state like Virginia) will be like, the handcuffs/shackles, frisks, strip searches, jail-issue clothes, violent prisoners, etc. So she doesn't want to even do 20 days. Is she totally chancing serious time by not taking the plea and doing a few weeks in jail? If she goes to jail will she be in with a bunch of hardened criminals or in like a separate wing? Will she have to be strip searched? Can anyone tell about their time in jail in VA for DUI?
    Last edited by mike2002; 03-19-2005 at 08:49 AM.
  2. #2
    n_and is offline Member
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    She will most definitely serve some time. State laws are getting really hard on repeat DUI/DWI offenders.

    Strip searched? I don't know. Probably, but I've never been to jail so I don't know. I don't think they have 'hardened criminals' in VA. Maybe 5 or 6, but out of a whole prison, that's not too bad.

    What do you mean if she pleas or doesn't plea? She has to plea something.
  3. #3
    fedcop110 is offline Member
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    B. 1. Any person convicted of a second offense committed within less than five years after a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

    This is what her lawyer is talking about. There is a mandatory minimum of 20 days in jail and a $500 fine. It sounds like you are talking about agreeing to plead guilty in exchange for the commonwealth's attorney to tell the judge that they do not recommend more than the mandatory minimum. But that is exactly all that it is...an attorney telling the judge that he/she does not RECOMMEND more than is required. The court does not have to accept it.

    So she doesn't want to even do 20 days. Is she totally chancing serious time by not taking the plea and doing a few weeks in jail?
    Yes, she is. She could get up to 12 months in jail and a $2500 fine. Sounds to me like her lawyer is being honest with her.

    If she goes to jail will she be in with a bunch of hardened criminals or in like a separate wing? Will she have to be strip searched?
    When she goes to jail she will be searched, she will be wearing handcuffs in transport, she will be wearing the issue clothing, and she will be dealing with other inmates. She needs to realize that there is no option as to jail time. She will be doing at least the 20 days. If she only gets the 20 days she will most likely be in the county lock-up (where she was initially processed). I know that this is not what either of you wanted to hear but it is the truth. Hope it helps.
  4. #4
    mike2002 is offline Junior Member
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    She’s doing 30 days, took a deal. Judge sent her right to jail. It’s crazy that they’re treating her like she’s some dangerous violent criminal. Handcuffed behind her back in the courtroom, chained hand and foot on the way to county jail. At 5’1” 100 pounds with no record is she really a threat to attack someone or escape? Strip search isn’t even the right word to describe what they put her through when she got there. Made her take off everything, even bra and underwear, then bend over and squat for a cavity search. She was totally embarrassed. Is this really necessary or legal?? I’m sorry but a girl in jail on a DUI probably isn’t hiding weapons or contraband up her privates (big surprise, they didn’t find anything). She’s in medium security I think because of the resisting arrest charge, which all she did was mouth off when she got arrested. Now she shares a cell with some drug dealer. Totally sucks, and she’s a mess. I don’t blame her, she knows she made a mistake but doesn’t think she deserves this. She’s small, totally acts normal and has no past record, obviously not a threat to anyone, but they’re treating her like she committed armed robbery or something. All this for three drinks and driving home. Thanks for the advice.
  5. #5
    JOHN BUCKNER is offline Member
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    Three drinks in two Hours does not a .12 make... Unless these are something like a long island ice tea..then I would still be skeptical. Good luck
    Last edited by JOHN BUCKNER; 03-19-2005 at 07:06 PM.
  6. #6
    stephenk is offline Senior Member
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    when she gets out buy her a drink to celebrate.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  7. #7
    shovelhead518 is offline Junior Member
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    30 days?! wouldnt that cell be better filled with a sexual predator or a violent offender? nothing good about dwi but but that seems harsh.
  8. #8
    JOHN BUCKNER is offline Member
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    I can see your concern and your point. Keep in mind that 30 days will go by fast. I know it may be hard to understand and not one of us wants a speach. Having said that I would say that we are all lucky that she or someone was not hurt or killed by the judgement to get behind the wheel and drive after being impaired. Only after you see children smashed by a drunk drivers bad judgement will one understand the feeling one gets regarding this issue itself.

    I do hope things work out and lesson learned. Good luck in the future.

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