PA Resident gets DUI in Virginia

[3400MAN]

What is the name of your state? PA

On September 8th I was pulled over in Virginia and charged with a DUI. My BAC was .216. I have a previous PA DUI in 1999 (7 years ago) but I am being charged as if it is my first DUI in Virginia. I face a loss of license for at least 12 months and probably some mandatory jail time. I attained a local lawyer in Radford, VA who tells me that becuase I was not given a breathalizer at the scene that he may be able to get my BAC lowered to a .19 and lessen my time in jail. The idea is that the alcohol level went up over the hour or so that I was processed prior to blowing into a breathalizer. It is mandatory for me to serve some time becuase of the high BAC. I have a few questions though:

Do I have to serve my jail time in Viriginia?
Do I have to serve my 5-10 days consecutively?
What options do I have?

Thanks

 

[3400MAN]

Nothing?

Noone has any answers in a months time? I have court on 11/30, my local VA lawyer sucks, can't remeber my case or name and noone can give me any piece of mind. I'll be sure to post up how completely alone I am in this whole thing. Not only that, but I have never felt such regret in my life.

Does anyone have anything to say besides what a jack**s I am for drinking in the first place down in hell, VA?

 

[BigMistakeFl]

BigMistakeFl

Even if this is considered your second DUI, it was greater than five years ago which appears to be in your favor in VA:
"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."

If BAC is over .20, and it's your second within 10 years your penalties may be:
Upon conviction of a second offense within 10 years of a first offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

I can't determine if your attorney will be able to convince the prosecution to drop the BAC to below the .20 limit based on the lack of a breath test at the scene, but I'm not from VA. To find out if the jail time can be served elsewhere (which varies from state to state), I would call the VA circuit court. I would also put my questions as succincttly as you can in writing to my retained attorney, fax it to him or her and as politely as possible, tell him or her that you need answers to these questions within ten days.

 

[traumatizedbad]

good luck

3400MAN,
good luck with your case (hope your lawyer comes through). Who is your lawyer? I recently got a dwi in radford too and I am looking for a lawyer - hopefully someone good...

I hear VA laws are tough for dui/dwi, but you have the 7 years in between which is good in this state, and it will be as your first offense (not 100% sure). Hope you can beat this

Good luck.

 

[3400MAN]

Court Soon

I chose a local lawyer who has not been any help to me at all. He's been on Main street in Radford for 47 years though. I have court this Thursday and I am so nervous and anxious about the whole thing that I can barely sleep. I face jail time for sure from what I understand and because of that I could lose my job. I've never regretted something so much in my life.

I am still trying to figure out whether I can serve my jail time 2.5 hours from home near Fairfax, VA or if I have to drive the 8 hours to Radford to do so.

I do not beleive that I have to spend my jail time consecutively (i.e. 20 days straight). It's amazing to me that I could get 20 days in jail for having too many drinks, but it's true. Drinking is of no interest to me at this point.

Has anyone had any experience in court down in VA? I've never been to court before. If I am a Pennsylvania resident do all the Virginia laws apply to me? Meaning it's a mandatory 10 days in prison for a VA driver who blew a .21 or higher, will I have to do the same amount of time?

In addition, my PA DUI from 7 years ago (which I had expunged from my record) may come back to bite me and that could mean 20 days in jail. I which case I might as well start selling my personal belongings becuase I will definately lose my job.

 

[traumatizedbad]

don't panic

Don't panic. I hear people don't usually get jail time around here (I hope this happens to you and me). I am freaking out as well because it is pretty scary to see what could happen. If you can, talk to your lawyer about possibilities (if jail time) in PA or somewhere else. I am sure something can be worked out.

Email me if you want at [email protected]. I live in the area if you need to vent.

Good luck to you!!! I know it was a mistake but keep positive. People keep telling me that I should just keep positive and keep your chin up. People make mistakes!!!! On a positive note, thank God you did not cause an accident or hurt anybody.

Take care 3400MAN!!! Keep positive.....

 

[3400MAN]

Soon I will know

I actually can't wait to get to court so all of the unkowns are made clear to me. At least then I know what I face. I just read the PennDOT DLC Fact Sheet published in December 2005 that clearly states that all second and subsequent DUI / DWI out-of-state charges beyond 2/04 will result in a loss of license of 12 months.

A question that I have is about the ARD classes that I successfully completed in July 1999. Part of that agreement states that after 7 years my record is clean. However, PA passed a new law in February 2004 that changed the "look back" laws to 10 years now. How is that enforecable?

We'll see if my first DUI comes up in court. If it does I'm in a lot more trouble than I would be had it not.

Also, it is a mandatory law in Virginia, meaning the judge had no discression, that anyone with a BAC of .15 - .20 will recieve 5 days in jail. 10 days mandatory if above .20 which I am. I'll let you know how it turns out either way.

I'll try not to hang my head, but it's tough. I'm 32 years old and I'm probably going to jail for DUI.

 

[3400MAN]

There is Some Hope

First: I have a drinking problem and I think that my punishment fits the crime.

Second: My Charges going into court were 30 Days consecutive, Loss of license for a year, a minimum of a $1000 fine and more if my BACwas reported in my home state.

I made a mistake and I am prepared to do the time. Don't do the crime if you can't do the time.

I received a 20 Day incarceration suspended to 5 days with 1 day served = 4 days split over 2 consecutive weekends beginning December 8th in New River Regional Jail. My BAC was deamed not admissable in court. My fine of $1000 was reduced to $500 plus cost of courts = $725. My local lawyer cost me $750 and the travel costs 8 hours from home will add up to $200 more. All because I thought I could get away with having whatever level of a good time I felt like having one night far away from home.

I was stupid. I will never be allowed to drive again in Virginia beginning in 60 days because I am not eligible for VASAP in VA having completed ARD in PA.

My advise is to fight your alcohol problem as if you are fighting the devil. Stop now.

 

[traumatizedbad]

It's ok

Sorry to hear about the time in jail. I am not sure why you got that. Anyhow, if you think you have an alcohol problem, you probably do.... I just hope you are ok with the sentence and be able to keep your job and live...

Like I said before, if you need to vent, please let me know.