Chapter 2: DWI Punishment

Punishment for the 13 types of DWI:

• What should I expect if I am found guilty of driving under the influence?
• A summary for each of 13 DWIs: 1sts, 2nds, and felony DUIs
• Wrong on the web
• What the law says

Pretrial license suspension:

• The Administrative License Suspension (ALS): the license suspension before your trial.
• Why did they take my license before trial?
• The officer did not take my license even though I was charged with a DWI.  Why not? 
• How long until I can drive again?
• Can I get permission to drive to work during the Administrative License Suspension? 
• Can I get the suspension reversed?
• How do I get my license back? Where do I get my license back? 
• Will I have restrictions on my driving after the Administrative License Suspension is over?
• Wrong on the web.
• What the law says.

Typical DWI sentence?

• What is the typical sentence for a standard first driving under the influence charge in Virginia?
• Wrong on the web.

“Predicting” Jail Time:

• How much jail time will I have to serve if convicted?
• STEP 1:  See if mandatory minimums apply.
• STEP 2:  Add in other defined mandatory time.
• STEP 3:  Are there any ”red flags” or aggravating facts that can add extra jail time?
• STEP 4:  Subtract some non-mandatory days for “mitigating” or good factors.
• STEP 5:  Don’t count on these helping.

Weekend Jail:

• Can I serve my jail time on weekends?
• What are “jail weekends” like?
• Can I drive to my weekend jail time?
• Can I serve a felony DUI sentence (for 3rd or subsequent DUIs) on weekends?
• What the law says.

Jail “days” differ:

• If I get 10 days in jail, how long will I have to serve?
• What is the difference between a misdemeanor and a felony?
• Do I get credit for the time I already served after arrest?
• Can I do weekends for mandatory, misdemeanor, and felony time?
• What the law says.

VASAP, the Virginia Alcohol Safety Action Program:

• ASAP is really VASAP
• What is VASAP?
• What is intake?
• What does education and treatment consist of?
• The judge says I’m on probation.  What does that mean?
• Can I sign up for ASAP before court?  Why should I?
• How much does ASAP cost?  Can I get a payment plan?
• I don’t have a drinking problem.  Is it possible that ASAP will say that I don’t have to take classes?
• What the law says.

Restricted License:

• How long will I have to drive on a restricted license?
• Can I drink alcohol and drive with a restricted license?
• Where can I drive with a restricted license?
• Where can’t I drive on a restricted license?
• Where do I get the restricted license?
• How quick can I get the restricted?
• What do I need to get it?
• What exactly do I get from the court?
• I have to drive for work.  Am I guaranteed to get a restricted license?
• Can I get the restricted privileges changed?
• The clerk told me that she could not give me a restricted license in Virginia because I have an out-of-state driver’s license.  Is that true?
• I have a Virginia license and got a DUI while visiting another state.  I just got a letter from DMV that they suspended my license.  Where do I get a restricted license?
• How do I go about asking the court for a restricted license?
• What if I mess up and get caught driving outside my restrictions?
• Wrong on the web.
• What the law says.

Ignition Interlock:

• What is ignition interlock?
• Will people see that I have ignition interlock?
• How long do I need to have ignition interlock on for?
• How does ignition interlock work?
• What is a rolling retest?
• Isn’t requiring a rolling retest dangerous?
• What is using an ignition interlock like?
• Who oversees my installation and compliance with ignition interlock?
• What steps do I need to take to get ignition interlock?
• Do I have to get ignition interlock on all of the cars I own?
• Can I get ignition interlock installed before trial so that I don’t have any driving interruption?
• If I get convicted of DWI, will I need to have ignition interlock before I drive?
• Can I get ignition interlock on a car that I do not own?
• How much do I need to pay for the ignition interlock?
• I drive a company vehicle for work. Do I have to get ignition interlock on that vehicle?
• Can I skip getting ignition interlock if I don’t get a restricted license?
• Wrong on the web.
• What the law says.

FR 44 Insurance:

• What is FR 44?
• Do I have to tell my insurance company I received a DUI?
• I don’t even own a car.  Will I have to get FR 44 insurance?
• What does FR 44 require?
• How long do I have to have FR 44?
• What if I drop my insurance, or my insurance company drops me?
• Is FR 44 expensive?
• What other convictions require FR 44?
• Wrong on the web.
• What the law says.

Disqualification of Commercial Driver’s License

Loss of Concealed Carry Permit

Virginians with Out of State DWIs:

• I am licensed and live in Virginia.  I was convicted of driving while intoxicated out of state.  What will Virginia do to me?
• Where do I get a restricted license?
• What else will I need to do?
• What the law says.
• What the law says.