Legal Question in DUI Law in Virginia

Re: driving under the influence

The police officer would normally be

talking to the prosecutor assigned to the case regarding an appropriate charge in this situation rather than to the judge.

Re: driving under the influence

Yes, the police officer can recommend anything to the judge, but NO, you should not rely upon it. There is nothing to guarantee that the police officer will remember this or will actually do this, and there is no guarantee that the judge will listen to the police officer's request.

First, this will be brought in JDR court, which is helpful.

Second, however, this is a serious charge and you should take it very seriously. While you obviously want to "scare your son straight," you also do not want long-term damage to his life from having a record of such convictions (even though he is a juvenile still).

Third, there are many defenses available to a charge of DWI. But they can be very tricky and not easy for someone to handle on their own. They deal with a lot of technicalities about the machinery used to measure blood alcohol levels and the procedures for using this as evidence.

I would certainly encourage you to spend the money for a good legal defense. Perhaps you should make your son get a job or 2nd job to pay it back, just to teach him not to do it again. But I think yhou should take it very seriously.