Addressing your Virginia DWI sentence the right way- Fairfax DUI lawyer provides a roadmap

Addressing your Virginia DWI sentence means that you have been convicted, when the ideal is an acquittal or dismissal. As a Fairfax DUI lawyer, I recognize that your lawyer fighting your prosecution alleging driving under the influence of alcohol or drugs under Virginia Code § 18.2-266 needs to be fully prepared for trial, negotiate any plea deal from a trial-ready position of strength, and be fully ready to proceed with any sentencing. As much as I most enjoy discussing my court victories and how to achieve them the unpleasant reality is that many Virginia DWI defendants get convicted and sentenced. Many of my articles address such victories, and pursuing your best possible sentence. This article addresses dealing with your Virginia DWI sentence.

Will I get jail for my Virginia DUI prosecution?

All Virginia DUI and criminal defendants want to know what is their likely sentencing exposure range as to active incarceration, probation period, suspended jail sentence range, loss of driving privileges, and fine range. If your Fairfax DUI or Virginia DWI lawyer is sufficiently knowledgeable and experienced, s/he will answer those foregoing questions head on and will be addressing the rest of your concerns, and will find out the answer if in a jurisdiction with which your attorney is less familiar, and also will tell you that the unexpected sometimes arises. One rarity should be for any active jail time (versus suspended jail time) for a first-time Virginia DWI conviction involving no allegedly elevated blood alcohol concentration (BAC) (that carries a mandatory minimum sentence (for a BAC at least 0.15)), so long as no such unusual circumstances as excessive speed or a car collision caused by your alcohol consumption are found by your sentencing judge. When you pursue my relevant recommended self improvement steps, doing so can benefit you for any plea negotiations and sentencing.

How do I deal with addressing an active Virginia DUI jail sentence?

If your Virginia DUI lawyer is only, at best, able to obtain a plea settlement or other settlement that includes some active jail time, check with your lawyer about your prospects of improving that situation with such options as appealing (but which can bring you back to square one) and obtaining a deferred jail start time. Also find out from your attorney how you should deal with addressing any medicinal needs (I tell my clients to bring with them only the total maximum dosages they will need, in the prescription packaging), how to be able to observe your religious tradition in the jail (one option is to check with the jail chaplain in advance of starting any jail), how to address your dietary needs (again, it can be ideal to check with the jail in the county where you are being prosecuted), and how to address your clothing needs (at best, you probably only will be permitted to take into the jail up to five white underwear briefs, worn one over the other; a pair of white cotton socks; a white undershirt; and a white or off-white long sleeve undershirt / long-john undershirt). That old saw about bringing your toothbrush to jail does not apply in Virginia, where your jailers will provide you a toothbrush, and you will not be able to bring your own. If you are going to be in jail more than a few days, you may arrange to order and pay for commissary items for snack, self-care products and other items.

How and when should I be addressing obtaining restricted driving privileges for my Virginia DUI conviction?

A Virginia DUI conviction by statute mandates one year of suspended driving for a first offense, three years suspended driving for a conviction of a second DWI offense within ten years, and worse for a third DWI conviction within ten years or  for a DWI conviction after a felony DUI conviction. A first DWI conviction permits applying immediately for restricted driving privileges, also known as a restricted operator’s license (ROL). A second Virginia DUI conviction within five to ten years requires waiting for four months to seek a restricted operating license. A second conviction within five years requires a one year waiting time. Varying courthouses differ on their procedure for applying for and obtaining a ROL. For a Fairfax DUI first-time conviction, you can obtain your restricted license — whose form your sentencing judge pre-signs) from the General District Court traffic clerk’s office the same day you are sentenced. In two other counties, you can end up waiting up to two days. In another nearby county, the Virginia Alcohol Safety Action Program (VASAP) prepares your ROL, for a judge to sign. On top of that, ask your sentencing judge both to permit you to drive straight home from court before your interlock is installed, and to permit you to drive yourself to install the ignition interlock device (IID) that you must drive with for at least six months after a Virginia DUI conviction. Addressing all of this with your Virginia DUI lawyer can make the process go smoother.

How soon must I contact VASAP after my Virginia DUI conviction?

A Virginia DUI conviction requires registering with VASAP and to arrange alcohol education and treatment through that organization. Even if the court tells you to register with VASAP within a certain time period, it is ideal to be addressing your need to contact VASAP within a day of being sentenced, and especially if you are going to be doing interlock-involved driving. Make sure you keep a record of contacting VASAP to register, so that if VASAP erroneously claims otherwise, you will have your registration proof. If you have any bumps in the road in dealing with VASAP, do not hesitate to seek your Virginia DUI lawyer’s input and assistance. Being run by humans with a large number of people to help, VASAP and its personnel can make mistakes. It can work wonders to deal calmly and politely in seeking to rectify such mistakes than to do the opposite.

How do I get my ignition interlock device installed after receiving a Virginia DUI conviction?

Coordinate with VASAP for addressing getting your ignition interlock device installed. Currently for Fairfax DUI / Virginia DWI convictions, VASAP has approved of three IID companies, namely Draeger, Smart Start, and Life Safer. They all apparently charge the same $100 monthly fee, which arguably would make them equally competitive. Nonetheless, I suggest to my clients to proceed with Draeger based on my overall experience and knowledge concerning all three IID installers. Ask the IID installer for a free installation. If the installing company declines, the following might change their mind: “That’s okay. I will arrange for another company to do the IID installation.” If the IID company will not give you an installation appointment for no later than the day after you call, the following may also work: “That’s okay. I will check with another IID company.” If the IID company offers to come to you to install the device, find out whether it will simply be faster and more efficient for you to bring your vehicle to the IID installer.

Should I seek an unrestricted restricted ROL?

Virginia law and your ROL application give you the option to seek an unrestricted restricted ROL when this is your first conviction of this type, which means having the IID as the only condition of restricted driving after having received a driver license suspension for your DWI or wet reckless driving conviction. Talk with your Virginia DUI lawyer about whether you should seek an unrestricted restricted ROL, or more narrow driving privileges. Having an unrestricted restricted ROL means the IID must stay on your car for a full twelve months from the date of installation, and the IID must stay on your car for a full six months after the IID is installed. Addressing this with your lawyer before your trial date is a good idea.

How do I avoid a non-compliance / probation violation charge on my Virginia DUI sentence, and how do I defend against non-compliance proceedings? What should I do when the VASAP agent for my Fairfax DUI conviction asks me to sign an acknowledgment to stay dry for the year?

If you follow your sentence and VASAP requirements to a T, your need to be addressing  a possible probation violation / non-compliance proceedings are substantially reduced, for instance by following your VASAP agent’s lawful directions, staying away from all alcohol at least 24 hours after consuming beer, wine or alcohol, avoiding committing any crimes while on probation (and not even getting charged with a criminal nor infraction offense). Your Fairfax VASAP agent may ask you to sign an acknowledgment banning all alcohol consumption during your probation period, and/or may tell you to get evaluated by a private substance program to advise whether you need services beyond that offered by VASAP. Check with your Fairfax DUI lawyer before responding to either request.

Fairfax DUI lawyer Jonathan Katz never gives up nor gives in for pursuing your best defense against Virginia DUI, misdemeanor and felony prosecutions. Jon is among the small percentage of Virginia DWI defenders who is a member of the essential National College of DUI Defense (NCDD) or its equivalent. Secure your free in-person confidential consultation with Jon Katz about your court-pending prosecution, at 703-383-1100.