Whenever someone is convicted of DUI in Virginia, a jail sentence will be imposed by the court; however, some or all of that jail sentence may be suspended. This means the offender won’t have to serve the jail sentence at that time and may never have to unless they violate the law again.
A period of probation, or unsupervised good behavior, is one of the conditions of a suspended sentence in Virginia. First or second DUI offenders will not typically be referred to a probation agency for supervision. Instead, they will be required to complete alcohol education and treatment program through the Virginia Alcohol Safety Action Program (VASAP).
Virginia Alcohol Safety Action Program (VASAP)
Virginia law requires that everyone convicted of driving under the influence must enter and complete the Virginia Alcohol Safety Action Program (VASAP). VASAP has three main parts:
- Intake – During intake, your level of drug and/or alcohol dependence will be determined, and your case manager will assign you to a certain number of hours of education. You may also be required to complete alcohol and drug treatment, and will receive a list of the ignition interlock providers in your area.
- Education – Education and treatment is referred to outside treatment centers and addiction programs. The entry level of education is 20 hours consisting of a two-hour session scheduled once a week for 10 weeks. The cost for this class is approximately $100.
- Probation – VASAP also serves a probationary function, meaning that noncompliance on your part will be reported to the court. During educational classes, you may be required to take an alcohol breath test or a drug urine test, and VASAP will ensure you complete all classes and treatment, install an ignition interlock device into your vehicle, and use it without fault. At the end of this probationary period, VASAP will run a criminal background check. Since completion of VASAP is a condition of any suspended jail sentence, failure to comply can land you in jail.
Through taking part in the alcohol safety action program, you may be entitled to receive a restricted permit that will allow you to drive to work, alcohol rehabilitation programs, school, medical appointments, child visitation, or church. An ignition interlock device must be installed in the vehicle before any driving takes place.
For drivers convicted of a second DUI within 10 years, there will be a four month period before a restricted license is issued. For drivers convicted of a second DUI within five years, a full year must pass before they will be allowed to drive on a restricted license.
What’s Probation For A DUI? Call A Virginia DUI Lawyer Today
Have you been arrested for a DUI and are wondering what your probation will be? The Wilson Law Firm will help you determine what your next steps should be. Contact our firm to set up your free initial consultation with an experienced DUI attorney today.