Third DUI in Virginia in alittle over a year

[Sheri in VA]

What is the name of your state? Virginia

My husband (we have been separated) was just arrested for a third DUI in alittle over a year.He is being charged with a felony for this.We are separated as I have no use for him

Is it true that Virginia is the toughest state in the country for DUI's?

He has an attorney, and told me that he is facing 1-5 years.I told him they may decide not to try him with a felony.Personally I am real upset b/c he continues to drive drunk.He was also charged on a 2nd or 3rd driving on a revoked license, and assault against me (the police charged him) He had come to see the kids.(I have since filed for custody by the way)

In your opinion...how much time do you think he may face? Is it really 5 years? I do know that Virginia law just changed July 1st of this year, for DUI's.I think it has something to do with the third DUI being a felony.
Thanks.I am new to this forum, and if I didn't folllow the rules please bear with me.

Sheri in VA

[notfornevermind]

i know in NJ they were giving 3rd time offenders 364 days.

We are separated as I have no use for him

then why do you care about the time he may get? Or are you worried about losing something else??? Do you want to have your cake and eat it too?

[Sheri in VA]

Long story Have my cake and eat it too? lol I guess.
I am wondering about the time he gets b/c he was driving drunk and I am afraid he is going to kill or maim someone.I think people that drive drunk, and havern't learned from the first or second DUI need a hard shove.

Also he is an abusive jerk who made my life and more than that has ruined the lives of 13 year old twin girls.
I don't even like cake but in this situation I just might have a slice
Being that we are still legally married...if he were to hurt someone I would get sued as well, AND have to live with the fact.

Sheri in VA

[BelizeBreeze]

The penalty for a first offense is up to a year in jail and a maximum $2500.00 fine and suspension of your operator's license for a period of one year, as well as a mandatory requirement that the driver's license of the person be suspended immediately (as in BEFORE the person is convicted of anything), for a period of seven days. It is possible to obtain a restricted license that will allow you to drive for very limited purposes, once you pay your fines and costs, if the Judge authorizes a restricted license.

A second offense DWI carries a minimum jail sentence of one month, with two days of that sentence being a mandatory minimum, not capable of being suspended by the Court. As of 1999, Virginia has created a felony DWI, for a third offense DWI committed within 10 years of the first offense.

A fourth offense DWI within ten years carries a mandatory minimum jail sentence of one year, not capable of being suspended. There are also additional penalties for driving drunk with any person under the age of 17 in the car. For the full text of the penalty section of the Virginia DWI statute, click here. (Va. Code 18.2-270).

[Sheri in VA]

Senior Member......did you mean to say a "third" DUI? You said a "fourth" I think you may have meant a third.Let me know
Thanks so much for the info.It's hard to get it straight when everyone says something different.

Also one other thing...can the courts decide NOT to try this as a felony?

Just wondered

Thanks so much

Sheri in VA

[BelizeBreeze]

Look at my response carefully. I addressed all of the potentials of which a third DUI conviction is included.

[Sheri in VA]

Thank you.You said it's a felony**************got that part but don't get how long the sentence is...I'm reading somewhere else that it is 6 months mandatory, that can't be suspended?

I know you wonder why I'm asking.
Sounds cruel, but it may give me some peice of mind for 6 months.He has made life hell for our children. (never mind ME!)

In the process I know I lose my child support and our home,and our mediacl insurance, and I cannot afford an attorney for a divorce or anything else.I can't even afford the home,I'm disabled.He'll lose his job unless by chance he gets out on work release.
Thanks for your promt answers I really appreciate that.

Sheri in VA

He will still be liable for child support while in jail. Keyword is liable. You should do your divorce yourself while he's in the can, not only will it be easier, but you will have the added satisfaction of kicking him while he's down.

[Sheri in VA]

Thanks Cooper......LOL True...... It would be a lot easier,UNLESS...... he gets work release! I just found out he was only a 0.8 ( I have to look at the new laws in Virginia again) which isn't much.I'm wondering if the criminal attorney can somehow beat that, after all it isn't that drunk at all.I don't suppose he will be able to though, as the penalties are some kind of TOUGH in Virginia!

Even so, in this state.....FELONIES are an acceptable reason for an IMMEDIATE divorce .So is incarceration that is a year or more.(as long as one does not "cohabitate " after knowledge of the fact)
How do you like that word??? "COHABITATE??? LOL

The big dummy was also caught driving on a REVOKED license at the same time.I suppose he will get even more jail for that one, as it's his 2nd or third offense doing that too.To top it off the knucklehead was arrested by the cops for assault, and apparently it's on record that this is the 4th assault he has been arrested for on me, even though I only pressed charges on him one time and he was convicted that one time, it plays some kind of part in court.
Pretty interesting to say the least.

I know , I know**************what a loser

Sheri in VA

I have no idea what the limits are in VA but I do know that just like the equiptment (radar) they use to catch you when you speed the breathalizer machines must be calibrated ever so often. For example i think in CA if you get pulled over and then take the cop to court if the radar wasn't calibrated properly within the last 10 days then you get to walk... so there may be similar circumstances with the breathalizers... just something you may want to check on.

[Sheri in VA]

Thank you Tree.....yeah I thought about that one,atleast I've heard about it before.Chances are it was calibrated right..this county doesn't like getting caught with it's pants down.

But REJOICE! See my d/h loves jail anyhow.He's a convict having spent 11 years in the can.Wanna hear somethin funny? He was also found guilty of two counts of sodomy.

So he likes it there. What can I say?!?!?


Sheri in VA

Yeah that doesn't seem right I dunno why anyone would like jail, it doesn't sound to fun, i cant open my mouth too much though i have got into some trouble latley i acatually have gotten a dui but it was a huge mistake on my part and is something that is not going to ever happen again.
acataully it was a messed up situation i had one to many drinks and my ex gf was at this place flirting with everyone and dancing with just a bra on and dancing with all my friends, i flipped on her and then eventally left because i was so upset. then I was almost home and realized I was an ass to her and wanted to apologize to her. My first mistake was getting in the car to begin with, however if i would of stayed at the party my car would of gotten keyed, i would of much rather that happened because i hate the fact that i got this but maybe it taught me a lesson.
Sorry to bs you i just dont want you to think im just a criminal ive just been unlucky sorry

But good luck with the whole mess and hopefully things work out for you

[Sheri in VA]

Read my post I got one too.In fact I have had TWO! This is food for thought,
I actually BEAT a DUI and a refusal one time in Hanover county, VA!
I have a friend who is a real sharp attorney, so I called him and asked him if there was any way at all to beat it.He gave me some sound advice, and told me to pass it on to my own attorney for the charge.

One thing is for sure...I got the BEST attorney in this small county ( I think this is where one of the "snipers" got nailed..you know the Malvo dude?)
I passed this info along to him, and he used it.What we did was use the "PTSD" medical excuse,and honest to God,I don't remember what was done (it was 4 or 5 years ago) BUT I do remember I DID NOT take the breathalizer! That was the first key.

PTSD is "Post Traumatic Stress Syndrome" which I have been diagnosed with by a National Rehab Hospital.
The key here, my friend said (and it didn't sound to me like it would work at the time) was if you cannot afford an expert witness to be at your trial.....have the Doctor or whatever...write their letter, and put in the letter "any questions and I would be free to answer them at the following phone number" and have their number in the letter.I had my doctor write this letter,and gave it to my attorney (I WISH I could remember how this was done)
Because NO JUDGE is going to want to take the time to call someone! I never thought it would work.
I was also the LAST case of the day, and the judge was in a VERY good mood.After some arguing and sweating bullets while the judge thought about it, he said "ok I'm just going to let you go"
I couldn't believe it.That was technically a first DUI,but I had a "reckless driving" on my record as well.
I would never do that over again, and NEVER get behind the wheel while drinking at all,but for anyone,I would take the advice of another attorney and never take the breathalizer,and get the refusal over the DUI.
I also use the "athsma" thing the second time for a refusal,and it worked.Just get a lung capacity test done by a doctor.I honestly couldn't do the test at the police station either.

yeah I know what you mean....All this crap going on with this husband who seemingly likes it up the butt ......left my driving record in ruins (I had a perfect record for years before all this) b/c I was a basket case and not paying attention half the time.Getting upset will get you in trouble every time,when it concerns getting behind the wheel.

These are very kewl boards..can learn a lot from them.Thanks

Sheri in VA