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    • Chapter 2: DWI Punishment
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    • Chapter 11: From Arrest through Appeal
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    • Chapter 7: Implied Consent – Test or Refuse?
    • Chapter 16: The Courts of Virginia
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Home » Virginia DWI/DUI Manual » Chapter 2: DWI Punishment

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.

Refusal Penalties

Tillotson & Martin, LLC
Toll Free: (757)969-5197
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Newport News
13195 Warwick Boulevard, Suite 2A
Newport News, VA 23602
(757)969-5197
Map · Directions

Virginia Beach
One Columbus Center
Virginia Beach, VA 23462
(757)969-5197
Map · Directions
By Appointment Only

Attorneys

  • Michael C. Tillotson
  • Jeff C. Martin

Important Information

  • The DUI Exception to the Constitution
  • Virginia Alcohol Safety Action Program
  • What is FR 44 Insurance?
  • Virginia License Reinstatement

Cities We Service

  • Chesapeake
  • Glousester
  • Hampton
  • Newport News
  • Norfolk
  • Poquoson
  • Portsmouth
  • Suffolk
  • Virginia Beach
  • Williamsburg

Counties We Service

  • Charles City County
  • James City County
  • Isle of Wight County
  • Matthews County
  • New Kent County
  • Surry County
  • York County

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