What is the First Offender Program for DUI in Virginia?
No, Virginia does not have an official first-time program for DUI offenders. However, if you are charged with your first DUI, there are several programs available that may help with your case and be ordered by the court. For example, the Virginia Alcohol Safety Action Program (VASAP) is one requirement of your DUI sentence, even for a first offense.
Our Manassas criminal defense lawyers at Battlefield Law Group PLLC help you understand what you face as part of your first DUI offense and how the VASAP program will apply to your case.
What is VASAP?
The Virginia Alcohol Safety Action Program (VASAP) comprises a series of classes and treatment programs designed to assist individuals with alcohol or substance abuse issues. VASAP aims to help participants overcome these challenges, regain stability, and prevent future problems.
If you are convicted of a DUI in Virginia, participation in VASAP is a mandatory requirement. Although the court can waive this requirement for good cause, it is rarely, if ever, waived in first-time DUI cases. Therefore, if you are charged with a DUI and convicted, you are generally required to attend VASAP.
This class is required by Virginia Code 18.2-271.1 for any first or second DUI on your record. It is also necessary to receive a suspended jail sentence or to get a restricted driver’s license in many situations. Ultimately, it is up to the judge to determine the nature of your sentence for a first-time DUI.
Requirements of VASAP
Participants in VASAP must complete several requirements, including:
- Substance Abuse Screening and Assessment: You will undergo a substance abuse screening and assessment to determine the appropriate level of treatment.
- Education and Treatment Programs: Based on the assessment, you may be required to attend educational programs and treatment sessions. These programs address substance abuse issues and prevent future DUI offenses. The educational phase takes place of a 10-week course for most drivers.
- Drug and Alcohol Testing: You may be required to undergo periodic drug and alcohol testing to ensure compliance with the program. Failure to comply with the substance policies could result in violations of your bond or probation.
- Probation: You will be placed on probation. You must comply with all program requirements and any additional conditions set by the court during this time.
- Fees and Costs: You will be responsible for paying all or part of the costs associated with the program, including screening, assessment, testing, and treatment. VASAP programs usually cost $400 plus other education program fees.
Where Do I Attend VASAP Classes?
There are VASAP classes located throughout the State of Virginia. You can utilize the “Locate an ASAP Office” to determine a location convenient to you if you are permitted to pick your location.
You can also speak with your attorney about the best place to take your class and how to follow any additional program requirements.
Consequences of Violating VASAP Conditions
If you fail to complete any aspect of your VASAP conditions, you could face additional penalties above what you face for the underlying DUI. These might include:
- Starting over with VASAP from the beginning, including payment for the new session
- Additional fines
- Extension of your probation period
- Revocation of any driving privileges you have
- Installation of an ignition interlock device on your motor vehicle
Get Help With Your First-Time DUI in Virginia
Virginia does not have an official first-time offender program, but the VASAP program is mandatory even for first-time DUI/DWI convictions. It is a critical part of following the judge’s orders and preventing future problems in your case.
At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here for you. Contact us today for a free consultation of your case.