Alcohol & Drugs: DUI, DWI Husband charged DWI..worried about jail time

[dlsmith21]

My husband was involved in a single car accident last Sunday. He had a BAC of .13. This is his first offense. He was cooperative with both the trooper on the scene and the sheriff's deputies at the facility he was taken to. He did a field test where he passed everything except the walking in a straight line. The truck had flipped and he had injured his back. The .13 was taken at the jail. Both he and I are worried he will face some jail time even though I have read that it isn't mandatory unless he registered a .15 BAC. Please inform me on what the judge may do to him. We know the mandatory things such as VASAP and the 1 year suspension. Also, what are his chances of getting a restricted license as he travels for his job. Thank you for any help and have a great day.

 

[army judge]

My husband was involved in a single car accident last Sunday. He had a BAC of .13. This is his first offense. He was cooperative with both the trooper on the scene and the sheriff's deputies at the facility he was taken to. He did a field test where he passed everything except the walking in a straight line. The truck had flipped and he had injured his back. The .13 was taken at the jail. Both he and I are worried he will face some jail time even though I have read that it isn't mandatory unless he registered a .15 BAC. Please inform me on what the judge may do to him. We know the mandatory things such as VASAP and the 1 year suspension. Also, what are his chances of getting a restricted license as he travels for his job. Thank you for any help and have a great day.

Plead NOT GUILTY when he next appears in court.
Hire a lawyer, or ask the court to appoint one for you, if he can't afford to hire one.
Make no more statements to anyone, other than to say, not guilty, no comment.

I doubt that he'll do any time in jail.

Virginia Drunk Driving Fines & Penalties

First Virginia DUI Offense
1st Drunk Driving Conviction
Jail – 5 Days Minimum (If Passenger under 18 in Vehicle)
Jail – 5 Days (If Blood Alcohol Level .15-.20)
Jail – 10 Days (If Blood Alcohol Level above .20)
Fine - $250 Minimum
Fine - Add $500-$1,000 (If Passenger under 18 in Vehicle)
License Suspension – 1 Year
Ignition Interlock Device Required (If Blood Alcohol Level .15 or Above)
Complete Alcohol Safety Action Program
Second Virginia DUI Offense
2nd Drunk Driving Conviction
Jail – From 20 Days Minimum to 1 Year (If Less Than 5 Years of Previous)
Jail – Add 5 Days Minimum (If Passenger under 18 in Vehicle)
Second Offense within 5-10 Years of Previous
Jail – 10 Days Minimum to 1 Month
Jail – Add 10 Days (If Blood Alcohol Level .15-.20)
Jail – Add 20 Days (If Blood Alcohol Level above .20)
Jail – Add 5 Days Minimum (If Passenger under 18 in Vehicle)
License Suspension – 3 Years
Ignition Interlock Device Required Upon Reinstatement
Fine - $500 Minimum
Fine - $500-$1,000 Additional (If Passenger under 18 in Vehicle)
Fine - $50 Trauma Center Fund

A lawyer will make sure he gets a restricted license for work purposes.

This too shall pass.
It takes time, so relax, he's innocent until PROVEN guilty in a court of law.
Now is NOT the time to cooperate.
It is the time to be POLITE, COURTEOUS, and SILENT!

You might find these websites informative:

http://www.dui.com/virginia

http://virginiadui.poweradvocates.com/faq.html

Judges in Virginia no longer have any discretion in allowing you to continue driving. They must suspend your license for a year. In order to let you get on with your life, however, the judge may order restricted driving privileges. This would enable you to travel at certain times and only to places like school, work, and your alcohol class. If you are caught violating your restricted driving privileges, the judge will surely hand down a stiffer penalty.

Everyone convicted of a DUI in Virginia must enroll in and complete the Virginia Alcohol Safety Action Program (VASAP). VASAP is a 20 hour substance abuse and driving course which costs $300.

http://www.weislaw.com/library/virginia-dui-laws-for-first-time-offenders.cfm

 

[mightymoose]

He can avoid the jail time, but he can't avoid all the fines and insurance costs... this will cost thousands of dollars.