1st DUI Offense

[Jharb]

Okay...I got my first, and only, DUI this weekend in Northern Virginia.

I was driving to my wifes (separated but working things out) house early Saturday morning (3-4am) when I stopped at a stop light and fell asleep for a spell. I quickly woke up and realized that I better park and take a nap for a bit before I got in trouble.

As I pulled into the parking lot a cop car came up behind be and followed me in with the lights on. After approaching the car he asked if I had been drinking and I admitted to drinking 4-5 beers. He had me step out my car and take the road test to which I passed two of the three. Afterwards he had me do the breath test and I blew a 1.11 and the legal limit is .8. When we got back to the station I blew again but this time it was a .9.

I was always very respectful of the officer and did everything he asked without giving any arguments or questioning anything he did.

Can anybody advise me on what kind of punishment I can expect and if it is totally necessary to get a lawyer? I make too much for a public defender but don't have enough money due to me giving my wife hald of my check each month.

Thanks for any help you may provide.

 

[FlyingRon]

Presumably you me 0.11% BAC (the per se value is 0.08% as well). The field test doesn't matter. However, still being at or above 0.08 at the station means they won't have to work hard to show you were intoxicated. Everybody thinks they pass the FSTs. If you passed, they'd not likely to have proceeded further. What they are doing is getting backup evidence in case they don't get an admissible BAC.

You need a lawyer. This is a criminal charge. You could get jail, but most likely you won't (unless you screw up what is to come). You will pay a lot of money for fines and costs. You will lose your license for a year. You will be required to attend the VASAP program classes.

 

[Jharb]

You're right, I meant a .11. The officer himself is who told me I passed 2 of the 3 field tests (I actually thought I passed all three).

Thanks for the information. I am trying to obtain a copy of the police report so I can see exactly what was written but it's like going through a maize blindfolded.

 

[Jharb]

If the officer does not show up to the case could I potentially walk free? Similar to a traffic case?

 

[FlyingRon]

If the officer does not show up to the case could I potentially walk free? Similar to a traffic case?

No. In this case you'll be prosecuted by the commonwealth's attorney. If the officer isn't there, they'll just get a continuance. Even on traffic cases in most of the GDC's these days, they don't bother to subpoena witnesses for the initial appearance.