Wednesday, February 15, 2017

3 Things to Know About DWI in Virginia

Every state handles drinking and driving a little bit differently. Some states are more strict with penalties handed out than other states. Unfortunately, Virginia is one of those states that is tough on practically every criminal and traffic offense. Here are three things to keep in mind if you are arrested for a DWI in Virginia:


  1. Your driver's license--While some states handle the administrative aspect of any driver's license suspension or restriction separately from the court system, Virginia actually handles driver's license suspensions and restrictions directly through the court system. So instead of a possible second court appearance for an administrative hearing for driver's license issues (Maryland does this with the MVA), Virginia DMV does not handle driver's license issues related to DWIs.
  2. Alcohol Treatment--Some states prefer that alcohol treatment or education classes be completed prior to the court appearance. (For example, in Maryland, we have our DUI clients complete alcohol treatment before going to court so that we can show the judge their completion certificate and it is one less step for the client to have to go through after court). Virginia, however, does not care about alcohol treatment being completed prior to court because the judge will instruct the DWI offender to complete VASAP classes. VASAP is Virginia's own alcohol safety education program.
  3. PBJ--Everyone who is arrested for DWI always wants to get the offense immediately erased from their record. Some states allow special pleas, such as a probation before judgment (PBJ), that allow the defendant to avoid a conviction on their record. Virginia does not have the option for a PBJ. Instead, if you want to avoid a conviction for your DWI, your attorney will have to find a way to have your case dismissed.

If you are arrested for DWI in Virginia, you must take this charge very seriously and hire an experienced attorney to represent you. Call Portner & Shure today for a free consultation: (703) 916-1227.


No comments:

Post a Comment