Is VASAP Required for A Virginia DUI / DWI?
What Is VASAP?
VASAP stands for: Virginia Alcohol Safety Action Program.
In a nutshell, if you’re convicted of DUI / DWI in Virginia, the court has to order you to complete VASAP. Yep, it’s a pain.
Is VASAP Required For Virginia DUI?
Virginia Code 18.2-271.1 provides the VASAP requirement. It says that anyone convicted of a first or second offense of Virginia DUI must be ordered to enter into and complete VASAP. In practice, VASAP is typically required as a condition of suspended jail time. In other words, if you don’t complete VASAP as ordered, you could serve more time in jail.
In addition to the risk of jail, you cannot get your Virginia license or privilege to drive reinstated without completing VASAP. Some people end up suspended for a DUI for much longer than 12 months simply because they didn’t complete VASAP.
The problem with VASAP for some people is that it’s costly and burdensome. The VASAP fee is several hundred dollars, and a minimum course of treatment is typically 10 education classes. For second offense DUIs, many people are referred for counseling as well, which costs even more money.
As much of an expensive pain as it is, you’ve got to complete the program if you’re convicted of Virginia DWI / DUI. The good news is that at least your restricted license will let you drive for your VASAP classes and treatment.
Can The Judge Tell VASAP What My Program Should Include?
Not usually. If you’re convicted of DUI in Virginia the law requires you to complete the VASAP program. Unfortunately, VASAP gets to determine the specifics of what your individual program will require.
This is one reason I always suggest making sure to keep your VASAP case manager on your good side. You certainly don’t want to rock the boat and create waves for yourself.
Recent Case Result: Fredericksburg Area DWI Client Avoids Probation
(Cases depend upon unique facts. Past cases do not guarantee future outcomes.)
THE STORY: Each client’s unique goals guide our work in their case. When Jill (name changed for privacy) came to us with a DWI charge, she was mostly concerned about being on probation after a conviction. If she ended up on any type of probation, she would lose her career.
We of course evaluated the evidence in Jill’s case and reviewed whether or not the government could prove the DWI charge against her. Unfortunately, they appeared to have a pretty strong case against Jill.
We counseled Jill to do proactive things before court, such as pre-enrolling in VASAP, going to treatment, and performing community service hours. And then we negotiated Jill’s case with the prosecutor.
CASE OUTCOME: Thanks to Jill’s proactive work and our negotiations, we were able to reach an outcome for her case that completely avoided probation. We appeared in the Fredericksburg-area court with Jill and entered the plea agreement. Jill was able to keep her career and stay on track for retirement.
Video: Can You Skip VASAP?
Contact Flusche & Fitzgerald Today
If you have questions about your DUI case or questions regarding VASAP, we can help! The DUI defense lawyers at Flusche & Fitzgerald have extensive experience helping clients with various DUI questions and programs. Contact our office today!
