third DUI in Virginia (OW!)

[Sheri in VA]

What is the name of your state? Virginia

Hi.I have a question.My husband is going to be tried early next month on a third DUI charge (yeah I know!)and driving on a revoked license. His blood alcohol was just over the limit/What are the chances of the judge looking at the amount of alcohol in his system? Just wondered b/c it was so low.Course this is Viginia too....he was charged with a felony.

Can the judge decide not to charge him with a felon?
Isn't it a mandatory six months in jail?

Yeah I know what a jerk! We have been separated 4 years.

 

[Jaymz18947]

I can relate!

I can not say that I know VA law, but I am in the same situation as your husband... A third DUI... I know that I am facing PA's mandatory sentence of 1 yr in jail. I have never done anything, but DUI... it really does not matter. The fact that the law is mandatory means that if found guilty of a third DUI, he WILL serve that sentence. His only hope is to find flaw with the stop and get it thrown out. DUI has become a major hot button in America... I am scared ****less that I face a mandatory year in prison for mine. I have never been to jail. I can only hope that things go my way. Our judicial system does not look at cases individually, which I feel is a great travesty. Someone with no regard for human life and DUI because they clearly do not care will get the same punishment as me, a person who tries to be conscious of my decisions. My 1st DUI- I was a dumb 19 yr old that never had vodka before... never drank. My 2nd DUI- was in GA, a state whose BAC limit was .08 when PA, my home state was .10 at the time; I blew a .09! My current DUI hinges on the fact that I never refused the test... I asked to speak to a doctor, who was not present, and was decleared as a refusal. It doesn't matter to the court. I am a number, not a person. A conviction, not a conscience. I really do hope all works out for you, but the prognosis looks bleak. Best wishes to you and your husband. -JAYMZ18947

 

[Son of Slam]

I am in the same situation ... A third DUI..My 1st DUI- I was a dumb ... My 2nd DUI- was in GA... My current DUI hinges on the fact ....Someone with no regard for human life and DUI because they clearly do not care will get the same punishment as me, a person who tries to be conscious of my decisions. -JAYMZ18947

LMFAO is too short of a message.

 

[Sheri in VA]

Thanks for answering!

Thank u So very much for answering me! I wish you the best.I got one DUI 3 years ago, and QUIT DRINKING! Heck I quit driving too, even though I was not required to.......it scared me I know how you feel.
Get w/ me on how to handle life in Jail.........my dh knows some good pointers.
Do you have MSN IM?

Take Care and stop drinking! Please!

Sheri

 

[Sheri in VA]

oh pleasssse pleasssssse! will you answer myquestions soon? I have two children with a dead beat dead AND AN ABUSIVE DRUNK! I need to know to protect my twin 13 year old girls! I would be so very grateful!

Sheri

 

[Shay-Pari'e]

(QUOTE) Someone with no regard for human life and DUI because they clearly do not care will get the same punishment as me, a person who tries to be conscious of my decisions(QUOTE)

Please seek help.

 

[Sheri in VA]

Thank you for answering.I told dh to stop! It caught up w/him! I hate what he did, and only want to know the answers to the truth, in my first post. Would you go back and look at the questions? Thank you kindly.
I love this forum b/c you tell it like it is and you're knowledgable (sp)


"Estranged" husband has no regard for human life.I want to see him punished behind locked doord and throw away the key before he kills someone. He's a liar, and he's good at it I'm able to see that and able to fight him back........YET AGAIIN... thanks to forums and peple like yourself I can do that

I did my homework, and have more to do with the legal homework since I can't afford an attorney. (disabled) With PTSD...CAN U TELL" HAR HAR!

Somehow my husband always manages to get slaped on the hand, but I had a lawyer and friends tell me he would "step on his own di**, and
it happened
Three Dui's, two convicted assaults against me, and a 5 time FELON! Going on the 6th FELON! The felons were ovrr 30 years ago


THANK U!!!!!!!!!!!!!!!!

ANY LEGAL ADVICE? I especially want to hear from "BULL DOG" I think that if his name.........like what he has to say.

Sheri

 

[rmet4nzkx]

Thank you for answering.I told dh to stop! It caught up w/him! I hate what he did, and only want to know the answers to the truth, in my first post. Would you go back and look at the questions? Thank you kindly.
I love this forum b/c you tell it like it is and you're knowledgable (sp)


"Estranged" husband has no regard for human life.I want to see him punished behind locked doord and throw away the key before he kills someone. He's a liar, and he's good at it I'm able to see that and able to fight him back........YET AGAIIN... thanks to forums and peple like yourself I can do that

I did my homework, and have more to do with the legal homework since I can't afford an attorney. (disabled) With PTSD...CAN U TELL" HAR HAR!

Somehow my husband always manages to get slaped on the hand, but I had a lawyer and friends tell me he would "step on his own di**, and
it happened
Three Dui's, two convicted assaults against me, and a 5 time FELON! Going on the 6th FELON! The felons were ovrr 30 years ago


THANK U!!!!!!!!!!!!!!!!

ANY LEGAL ADVICE? I especially want to hear from "BULL DOG" I think that if his name.........like what he has to say.

Sheri

Get a divorce.

 

[HomeGuru]

oh pleasssse pleasssssse! will you answer myquestions soon? I have two children with a dead beat dead AND AN ABUSIVE DRUNK! I need to know to protect my twin 13 year old girls! I would be so very grateful!

Sheri

**A: if he is dead beat dead, how can he be an abusive drunk?

 

[Wahahoney1010]

**A: if he is dead beat dead, how can he be an abusive drunk?

Look in the mirror, you know, the shiny thing in the bathroom. There's a dead beat!

 

[Sheri in VA]

WAIT A MINUTE! I DIDN'T POST THAT! LOL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Sheri

 

[JohnsonMichaelB]

First Time Offender for a DUI In Virginia

Hi, I was wondering if anyone could tell me what to expect for a first time dui offense in the state of Virginia. EG: Maximum Jail time, License Suspension. My bac level was 0.22. I know the minimum is a mandatory 10 days. I need to find out the maximum. Now if anyone has any advice for me that would be great too. This is my first ever driving offense, I have a clean record both traffic wise and criminal wise. I have only had my license since August of this year. Any info or help would be greatly appreciated, thank you.

 

[seniorjudge]

blah blah blah

Johnson Michael B, start your own thread.


"I need to know to protect my twin 13 year old girls!"
This is the most important thing in your post. Keep those girls away from that man at all costs. Why did you not mention your precious children in your first post?

That happens a lot on this forum and I am not able to puzzle that one out.

 

[Happy Trails]

This link should help the OP and JohnsonMichaelB:

http://www.virginia-dui-lawyer.net/dui_penalties_chart.html

JohnsonMichaelB, you were asked to start your own thread, because this eliminates confusion. Some people may respond to you and it may not have anything to do with the Original Poster's post.

 

[topsites]

Hi, I was wondering if anyone could tell me what to expect for a first time dui offense in the state of Virginia. EG: Maximum Jail time, License Suspension. My bac level was 0.22. I know the minimum is a mandatory 10 days. I need to find out the maximum. Now if anyone has any advice for me that would be great too. This is my first ever driving offense, I have a clean record both traffic wise and criminal wise. I have only had my license since August of this year. Any info or help would be greatly appreciated, thank you.

(I know, out of thread)

Maximum: jail one year, fine $2500, license suspension one year.
* YOU WILL NOT GET THIS UNLESS YOU BEHAVE LIKE AN ARSE IN COURT. *
Your sentence can and will likely be reduced, but:
-----
In Virginia, the BAC limit is .08 percent and for a first offense the administrative license suspension period is 7 days. (IIHS)
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Upon a DUI arrest, local law enforcement will report the offense to the Central Criminal Records Exchange; accordingly, drunk driving goes on the offender's criminal record. (HB 594)
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The threshold for driving with an elevated blood alcohol content has been lowered. Driving with a BAC of 0.15 percent, previously 0.20 percent, will get a drunk driver an additional five days mandatory confinement for a first offense and more for each subsequent offense. Driving with a BAC of 0.20 percent will get a drunk driver an additional ten days mandatory confinement or more for each subsequent offense. (HB 667)
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Offenders convicted of a first DUI offense where the person's BAC equaled or exceeds 0.15 percent must use an ignition interlock as a provision of a restricted license or license reinstatement. (HB 1138)
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§ 18.2-271 in English: The punishment for DUI includes a license suspension. This ranges from one year for a first offense to a minimum of 5 years for a felony. In some circumstances, the court can grant a restricted drivers' license to allow one to drive to and from work and certain other destinations.
-----
Other notes:
There is zero tolerance for DUI offenders who drive under the influence while holding a restricted permit issued as the result of a previous DUI offense or if driving during a DUI revocation. Driving with a BAC of .02% or greater will result in a one year license revocation. (SB 329)


In your case, first offense:
This all depends on the judge, but here is a guesstimate:
- 500 or so in fines, maybe a day or two jail in addition to the mandatory, maybe community service, maybe rehab.
- 90-180 days license suspension. Small chance for restricted license, best think of having it suspended because vasap rehab is expensive and a lot of work involved... and your bac is such a kicker here.
- For the next 5 years, higher insurance rates. Insurance companies with lower rates (such as Geico) simply do NOT insure high risk drivers. Insurance companies that do insure high risk drivers charge every insured driver a higher rate, even if they are not high risk because everybody must help pay the high cost associated with risk (for those companies).

Peace
Pascal
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