CARDON GOODMAN, P.C.

DUI conviction: Go directly to ASAP
by David A. Cardon, Esquire

Dear Mr. Cardon,
Recently, I was convicted of driving under the influence of alcohol in the Virginia Beach General District Court. The judge ordered me to complete the VASAP course. Please describe the particulars of the VASAP course. How much does the course cost, how long does it last, and what do the instructors teach? What if something comes up and I have to miss some classes? What happens if I decide not to complete the course? I might be moving to another state in the next few weeks. Can I take the course somewhere else?

By law, once you have been found guilty of driving under the influence, the judge cannot grant you a restricted driving permit unless you agree to enroll and successfully complete the Virginia Alcohol Safety Action Program ("VASAP"). VASAP is a non-profit and non-government agency funded totally by fees generated from the program.

What to do after court: After the judge finds you guilty, you should first arrange to pay all fines and court costs in the court's accounting office. After you have paid fines and costs, you should go directly to the VASAP office. The location of the office varies depending on the court house. If you have any trouble finding the VASAP office, just ask someone in the clerk's office or accounting department.

Once in the VASAP office you will meet with an VASAP employee who will issue your restricted driving permit. You must go to the Division of Motor Vehicles within 60 days to have a restricted driver's license issued. The VASAP employee will instruct you to meet with your assigned VASAP caseworker within fifteen days. You will also have to make arrangements to pay the VASAP fee of $300.

VASAP services: When you meet with your VASAP caseworker, he or she will evaluate what type of services you require. If this is your first DUI, you will probably be placed in the ten-week education course. If you have had more than one DUI, or if you appear to have a serious alcohol problem, the caseworker will assign you to an out-patient treatment program. Your caseworker will also be responsible for monitoring you for the entire year you are on probation.

Ten week education course - The education course meets once a week for two hours each week. The scheduled time of the class varies. Courses are offered in the mornings, evenings, and on the weekends. The two main goals of the course are to (1) teach you the role alcohol plays in your life, and (2) convince you to never to drink and drive again. Do not drink alcohol before going to class. All participants must blow into the breathalyzer before each class.

Out-patient treatment: The out-patient treatment program consists of both a four week educational course and out-patient treatment at an alcohol abuse treatment facility. If you do not have insurance that covers the treatment, you will be assigned to a state funded program.

Missing classes: If you miss any classes, you will not be allowed back into the course until you meet with your caseworker and explain why you were absent. Only emergencies are acceptable. If the caseworker accepts your excuse, you will be given a pass to attend the next scheduled class. You must also make up the class you missed. If you miss two classes for any reason, you must retake the entire course and pay a $25 reinstatement fee.

Non-compliance: If you fail to complete the course or treatment, your caseworker will tell the court you are non-compliant. You will have to go back before the judge to explain why you did not successfully complete the course or treatment. The judge might order you to serve jail time originally suspended when you were convicted.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .'; document.write(''); document.write(addy_text55184); document.write('<\/a>'); //-->\n This e-mail address is being protected from spambots. You need JavaScript enabled to view it.