In Virginia, if you're convicted of a DWI, you may be ordered to attend an Alcohol Safety Action Program (ASAP). Additionally, you may be required to have an ignition interlock device installed on your vehicle. These are court-ordered sanctions, which means if you violate the terms, you could be charged with a crime and/or be sentenced to jail. If the ASAP program has notified the court of a violation or you were accused of violating the ignition interlock device requirement, you have the right to challenge the allegations and seek to avoid or minimize the potential consequences. To do this effectively, you need a skilled lawyer on you from start to finish.
At Tillotson & Martin, our Virginia DUI probation violation lawyers are well-versed in this area of the law and are ready to fight relentlessly on your behalf to work toward a favorable result. We have over 40 years of combined experience have a thorough understanding of the processes involved in challenging a probation violation accusation. When you hire us, we'll discuss the potential outcomes of your case and your legal options, allowing you to make well-informed decisions about how to proceed.
We provide aggressive and personalized legal representation. Call us at (757) 568-7978 to schedule your free consultation.
ASAP Violation Defense
ASAP is a probationary term imposed after a DWI conviction. What this means that instead of requiring you to serve a longer jail sentence, the court is ordering you to complete an alcohol treatment program.
When a judge imposes this sanction, you must enroll in an ASAP within 15 days of your conviction. Failure to do so will result in the program sending a notification to the court, and you may face various consequences.
When you're enrolled in ASAP, you'll also be required to adhere to certain conditions, which may include a requirement to:
- Submit to alcohol breath or urine drug tests
- Attend all classes
- Complete all treatment
- Install an ignition interlock device
If you fail to meet any of the terms, the program will report the violation to the court. Because ASAP is a condition of a suspended sentence, being found guilty of a violation may result in your spending time in jail.
Fighting Accusations of an Ignition Interlock Device Violation
After a DWI conviction, you may, depending on your circumstances, be required to install an ignition interlock device on your vehicle. The machine works by allowing your car to start only after your blood alcohol content is at or below .02. At random intervals during your drive, the device will prompt you to provide another breath sample. If you fail to do so or have a BAC above .02, the information will be logged.
You could be charged with a violation of your ignition interlock device requirement if you:
- Have someone else blow into the machine to get your car to start
- Tamper with the system
- Drive a vehicle without a device installed
If you do any of the above, you could be charged with a Class 1 misdemeanor. The potential conviction penalties include a maximum jail term of 12 months and a maximum fine of up to $2,500.
General Probation Violation Defense
Probationary terms aren't imposed only in DUI cases. You may also be ordered to probation for other criminal charges. Specific conditions will be placed upon you during the probationary period, and you must adhere to them throughout.
Terms of probation may include:
- Reporting to a probation officer, or VASAP case manager
- Paying restitution to the alleged victim
- Completing community service
- Refraining from engaging in any other criminal conduct
- Not consuming drugs or alcohol
Depending on your circumstances, if you violate the conditions of your probation, you may be sentenced to jail.
We'll Stand Up for You
If you've been reported for a probation violation, reach out to our Coastal Virginia lawyers right away. We'll review the situation with you and discuss your legal options.
We Wrote the Book.We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
We Possess the Knowledge.Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
We Truly Care.Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
We Have the Fight to Win.With nearly 40 years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.
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