Tag: felony dui

Virginia DUI License Suspension

A conviction for driving under the influence of alcohol or drugs (DUI) in Virginia comes with numerous negative consequences to the person convicted.  One of those consequences is the revocation of the person’s privilege to drive in Virginia.  All persons convicted of DUI in Virginia will have their driving privileges revoked.  Virginia judges have no discretion as to the imposition of a license revocation after finding a person guilty of DUI.  As a result, once a Virginia judge finds a person guilty of DUI, the judge must revoke that person’s driving privileges.  There are no exceptions to this statutory mandate.

Drinking-Driving-DUI.jpg The time period for the revocation depends on the type of DUI charge under which the person is convicted.  All revocations commence on the day of conviction.  Depending on the type of DUI, the revocation will be for one year, three years, or for an indefinite time period.  A person convicted of a first offense DUI will have a one year revocation.  If that person is convicted of a second DUI within ten years of being convicted of the first DUI, then that person will have a three year revocation.  If this person has three or more DUI convictions within ten years of the first two convictions, then that person will have an indefinite revocation of their driving privileges.

Virginia judges have the ability to grant restricted driving privileges to persons whose driving privileges were revoked for a first or second DUI conviction.  Virginia judges cannot issue a restricted license for a person to drive a commercial motor vehicle. However, judges may issue restricted driving privileges in Virginia to persons who have a valid driver’s license from another state.

A person convicted of three or more DUI charges within ten years is not eligible for restricted driving privileges.  The judge may grant restricted driving privileges, after convicting a person of first offense DUI, for the entire one year revocation period.  The judge’s ability to grant restricted driving privileges is limited if the conviction is for a second offense DUI.  If the second offense is committed within five years of the first offense, then the judge is barred from granting restricted driving privileges for the first year of revocation.  If the second offense is committed within ten years from the first offense, then the judge is barred from granting restricted driving privileges for the first four months of revocation.

For a person to be eligible for restricted driving privileges, a judge must enter that person into the Virginia Alcohol Safety Awareness Program (VASAP).  The person entered into VASAP must enroll with the program within fifteen days from the date of conviction and must successfully complete the program.  Additionally, all persons granted restricted driving privileges may only operate a motor vehicle installed with an ignition interlock device.  For a first offense DUI, an ignition interlock device must be installed in the vehicle driven by the person granted restricted driving privileges.  A person revoked for a second DUI offense must have the ignition interlock device installed in all motor vehicles owned by or registered to that person.  A violation of the conditions of VASAP, including the use of alcohol as evidenced by the detection of alcohol by the ignition interlock device and driving a motor vehicle not equipped with an ignition interlock device, will likely result in the loss of restricted driving privileges for the remainder of the revocation period.  Additionally, persons convicted of driving outside the scope of their restricted driving privileges will lose their restricted privileges and have their driving privileges revoked for a statutorily mandated period of time, which runs consecutively with the original revocation period.

The mandatory license revocation periods imposed on persons after a DUI conviction are complicated.  It is important to discuss the details and requirements of DUI mandatory license revocations with an attorney who handles DUI cases on a regular basis.  The attorneys at The Weiland Firm, PLC have represented numerous clients charged with DUI in Virginia.  If you have any questions, please contact our firm at (804) 355-8037.

Man Convicted of 12th DUI in Spotsylvania County

Pleads Guilty to Felony DWI in Spotsylvania, VA

VA DUI Spotsylvania
David Maron Apraham

A man pleaded guilty yesterday in Spotsylvania County, Virginia to his 12th DUI offense.

David Maron Apraham entered his guilty plea in the Spotsylvania Circuit Court for felony driving under the influence, driving on a suspended license and refusal to take a breathalyzer test. As part of a plea agreement, the Commonwealth’s Attorney dropped a felony charge of eluding a police officer.

Apraham will be sentenced on November 6, 2012. He faces a maximum of seven years in prison for the offense.

According to the plea agreement, Mr. Apraham was first convicted of drunk driving in Mississippi in 1990. He has been convicted of DUI in Mississippi six times as well as three times in Alabama. He was also convicted twice in Virginia: once in Williamsburg in 2008 and again in Colonial Heights in February 2012. Furthermore, he is wanted in the states of Alaska, Mississippi, North Carolina and Washington for DUI-related crimes.

The felony incident occurred in November 2011 when a Spotsylvania County deputy saw Apraham stumbling around a BMW dealership late at night. Apraham got into a pickup truck and drove off. The deputy saw the pickup truck swerve over the double-yellow line three times. When the officer turned on his emergency lights and siren, Apraham proceeded to speed up before turning into a parking lot.

The suspect was handcuffed after he fell while walking towards the officer. Apraham admitted having five beers some five hours early, but he smelled strongly of alcohol. He refused to take a breathalyzer test.

Apraham is being held without bond in the Rappahannock Regional Jail. He will be sentenced on November 6, 2012 for felony DUI in Spotsylvania, VA.

The Weiland Firm, PLC is a leading firm of Virginia DUI Lawyers

Call 804.355.8037 for a free consultation