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If you are a first time offender found guilty of driving under the influence, you could face some stiff penalties. In Virginia, DUI is a Class I misdemeanor, which means a maximum $2,500 fine and up to a year in jail. Most importantly, if convicted you will lose your license for a year – there is no wiggle room there. You may be able to secure restricted driving privileges which would allow you to drive at certain times but only to certain places. For example, restricted driving privileges are often granted so those on a suspended license can get to work, school, and to their alcohol class.

While you will certainly face the loss of your license if you are found guilty of drunk driving, the other penalties are not a sure thing. The judge in your case may choose to waive the fine and jail time in lieu of a class at the Virginia Alcohol Safety Action Program, also known as “ASAP”.

ASAP started as a pilot program in Fairfax County in 1972 and was originally funded by the National Highway Traffic Safety Administration. The program was extended statewide in 1975, and is now self-supporting – it is funded entirely by client fees. That means the fee you pay to attend class at ASAP is what keeps the program going. According to the Virginia ASAP, 86% of all crimes can somehow be related to alcohol and other drugs.

Officials at ASAP work with the Virginia courts and prosecutors to ensure that people convicted of DUI offenses are referred to the right ASAP program. The goal of ASAP is to deter those arrested and convicted of a DUI from committing their crime again. ASAP also works with the courts on how to handle your case if you do not follow the requirements of your probation.

If you are ordered to complete a program at ASAP, you will be placed on probation by the court and given a restricted license. You then have 15 days to report to the local ASAP office. Once you begin an ASAP program, you are assigned a case manager. Your case manager is responsible for classifying you so that you can be assigned to the correct education and treatment services. They also supervise you to ensure that your probation requirements are fulfilled.

If you fail to meet the requirements of your ASAP probation, you will be returned to the court as noncompliant. If this happens, the court can subject you to revocation action. This means that the fines and jail sentences that were previously suspended could now be imposed on you.

The penalties for being convicted of a DUI are steep. As you can see, first time DUI offenders have a lot to lose. Because of this, it is in your best interest to speak with an experienced DUI attorney to ensure that your rights are protected. To discuss your DUI case with our skilled lawyers, please contact the law offices of Weisberg & Zaleski today.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235

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