First DUI - Have a Few Questions - Not Sure What to Do

[jb79]

What is the name of your state? Virginia

My husband (72 y/o) recently got his first DWI (.12) over the weekend. I need some information as he only has two business days to find a lawyer before his first court hearing.

Does he NEED a lawyer for this first hearing?
How can we find out if he qualifies for a public defender? He is disabled and receives SSI.

What happens to his license during the trial? Is he forbidden from driving?
I'm assuming he would get that Interlock thing put on his vehicle only after a guilty verdict, correct?

 

[LdiJ]

What is the name of your state? Virginia

My husband (72 y/o) recently got his first DWI (.12) over the weekend. I need some information as he only has two business days to find a lawyer before his first court hearing.

Does he NEED a lawyer for this first hearing?
How can we find out if he qualifies for a public defender? He is disabled and receives SSI.

What happens to his license during the trial? Is he forbidden from driving?
I'm assuming he would get that Interlock thing put on his vehicle only after a guilty verdict, correct?

In Virginia, I see that the minimum punishment is a suspended license for 12 months. Maximum punishment is an Interlock device if the license is restricted. Do you think it would be possible for him to ask for a completely suspended (driver's license for six months (not allowed to drive at all for six months) in lieu of getting the Interlock device installed? He says he'd be willing to give up driving for six months. He only goes out for a couple hours once every 1-2 weeks, so it's no big deal to him to not drive for that time period.

For what it's worth, he did not intend to drive drunk. He says he only had a couple beers and it affected him differently than it has in the past. He's not sure if there was a bad interaction with his new-ish depression/anxiety medication or if there's something going on with him medically (I worry about early stages of dementia). He has suffered from mild cognitive impairment for over 20 years, his behavior over the last year has changed - he's much more sedentary.

It is very possible that any drinking combined with the anti-anxiety medication caused more of a reaction than he might normally have to a couple of beers.

However, I think that both of you are not realizing just quite how severe this situation is. Yes, he needs an attorney, period. He should not go to court without one.

Based on his age, his disability and his medication, adding possible early stages of dementia on top of that he could be looking at losing his license permanently.

 

[adjusterjack]

Does he NEED a lawyer for this first hearing?
How can we find out if he qualifies for a public defender? He is disabled and receives SSI.

Either call the public defender's office in your city or try its website or, at the hearing ask for one and ask for a continuance so you can arrange for one.

What happens to his license during the trial? Is he forbidden from driving?

His license has likely already been administratively suspended. Read this:

Administrative License Suspension in Virginia After DUI Arrest (humbrechtlaw.com)

He'd better not be driving at all for the time being.

In Virginia, I see that the minimum punishment is a suspended license for 12 months. Maximum punishment is an Interlock device if the license is restricted. Do you think it would be possible for him to ask for a completely suspended (driver's license for six months (not allowed to drive at all for six months) in lieu of getting the Interlock device installed? He says he'd be willing to give up driving for six months. He only goes out for a couple hours once every 1-2 weeks, so it's no big deal to him to not drive for that time period.

Are you so naive that you think he's going to have any choice in what's going to happen?

For what it's worth, he did not intend to drive drunk.

Sure he did. He lifted the glass to his mouth and when he finished drinking he drove his car.

I agree with LdiJ. You need to take this seriously. Here's a site that lists the penalties.

First Offense DUI Penalties in Virginia | DuiDrivingLaws.org

 

[Zigner]

Do you think it would be possible for him to ask for a completely suspended (driver's license for six months (not allowed to drive at all for six months) in lieu of getting the Interlock device installed? He says he'd be willing to give up driving for six months. He only goes out for a couple hours once every 1-2 weeks, so it's no big deal to him to not drive for that time period.

Based on it being "no big deal to him" if his license is suspended for 6 months, I would hope that they refuse such a sentence.

 

[FlyingRon]

I echo what others have said, but let me give you some actual Virginia-specific advice.

His case will be heard in General District Court, which is fairly informal. If you haven't obtained a lawyer (who can move for a continuance), you husband needs to show up in court at that time and tell the judge he wants an attorney. The case will then be continued to another date (based on the availability of the charging officer), typically a month out. It would behoove him to have an attorney present.

Understand, he has been charged with a CRIME. He can be sent to jail when found guilty. I can tell you that some judges wouldn't hesitate to do that depending on the situation. Even if he escapes jail, he can expect to lose his license for a year (hard loss for 60 days, plus restricted to driving to and from work/doctors for the rest) and be subject to a bunch of probation conditions.

He can ask the judge for the public defender. He will be given paperwork to complete at that time to see if he qualifies.