In every DUI conviction in Fairfax County there is a requirement that the person successfully complete the alcohol safety action program ("ASAP" or "VSAP"). The successful completion of ASAP is required to avoid the Judge from imposing the suspended jail time that was handed down at the time of the conviction. As a result, many people receive 30 days in jail with all or a portion of the that time suspended. Failure to comply to with ASAP is a failure to comply with the Court's orders and the Judge has the power to impose the entire suspended sentence.
If you have received an ASAP violation Fairfax County then we would strongly recommend you speak to an attorney. Jail time is very possible in these cases but it can be avoided with the right preparation. Give us a call or use the contact form. All consultations are FREE.
ASAP is a 20-hour program that was established in 1972. It focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. Participants will be tested for alcohol and drug use. If they test positive, they will be reclassified for treatment (typically with ADS-alcohol drug services). ASAP MUST be completed as part of DUI probation. In the event ASAP is not successfully completed, the Fairfax County Court will be notified and a Show Cause Rule for non-compliance with ASAP will be issued against the individual. They will be required to appear in court and show cause as to why they should not be incarcerated for their failure to comply with ASAP pursuant to §18.2-271.1. In addition, the Virginia DMV will not reissue a Virginia driver's license if ASAP, including treatment if required, is not completed. The Fairfax ASAP branch is located at 10640 Page Avenue, Suite 400, Fairfax, VA 22030. The number is 703-246-ASAP (2727).
Many ASAP violations in Fairfax County are alleged because a failure to complete treatment. In these cases, many people simply fail to consistently attend meetings or test positive for drugs or alcohol. Generally, a failed drug or alcohol test will not result in a violation. However, the individual will likely be referred to a more intense treatment program to address the problem. Because it is a more rigorous treatment scenario and is more expensive, many people do not complete this portion of treatment.
For further information on ASAP please see:
Ignition Interlock is a device that is ordered to be installed in everyone's vehicle who is convicted of DUI (and who wishes to drive on a restricted license). The device is installed on the individual's vehicle and monitor's their blood alcohol level through breath test. The individual must blow into the device to start the vehicle. Additionally, the individual must re-blow every 20 minutes while driving and, if the offender tests positive while driving, the car's horn will sound and its high beam lights will flash on and off. If alcohol is detected or the device is tampered with, a Show Cause Rule will be issued by the court and the individual will be need to show cause as to why they should not be incarcerated for their positive testing under Virginia Code §18.2-271.1. The device must be installed for a minimum of six months and for no longer than the period of license suspension. Any verified violations will result in the calculation of the six-month installation period being restarted. To get the device installed, you will be given a list of ignition interlock vendors when you report to ASAP. You will be responsible for for choosing a vendor within 48 hours of receiving the list and your ASAP case manager will send a referral form to the vendor for its installation and you will be responsible for scheduling an installation appointment. Upon your arrival for the installation, you will be provided with detailed instructions and training regarding the operation and care of the interlock device. The installation of the device costs $65.00 and you will be required to report to the vendor at least every 30 days so the vendor can download the data from the data-logger and calibrate the device. Calibration of the device costs up to $80.00.
An ignition interlock violation in Fairfax County is generally considered a worse violation than a failure to comply with treatment. In this scenario, the individual has been convicted of DUI and they are now, again, attempting to drive with alcohol on their breath. If you have received an ignition interlock violation, definitely contact an attorney because jail time is very possible in this scenario.
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If you have been charged with an ASAP Violation in Fairfax County, this means that the main issue for the Court to address is whether to "activate" the suspended jail time previously handed down in the case. We want to ensure you do everything you can to avoid this result and a dismissal is possible in this cases if they are handled correctly. In other cases, we may have a viable explanation and can work with the Court to address any underlying issues. Give us a call or use the contact form and we can help you address the violation and ensure you have excellent representation.