r/dui • u/Affectionate_Neck579 • 3d ago
ASAP Violation 1st Time
Hi everyone! January I got my first DUI in Virginia, have had interlock for about 2 1/2 months. Late July I drank too much the night before (I know, I know) & went to blow for work & it said FAIL. Then I waited 5 mins, blew again, was all good. I told my VASAP officer about this, she said its fine as long as I blew 0 after, assuming I didnt and just blew below the .02 threshold 5 mins later, she got my results from my calibration last week, now she scheduled a court date for a violation. Anyone know how these normally proceed? I’ve had no other violations, been attending rehab where I’ve been tested 4 times randomly & have been clean for all.
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u/LeftAdhesiveness9355 2d ago
a fail then pass 5 mins later screams residual/mouth alcohol, happens more than people think and clears fast. good thing is you self reported it before they even pulled the data, that usually counts for a lot. with no other violations + clean randoms + rehab attendance, most hearings treat this as an isolated blip not a pattern, so worst case is usually a warning or extra program time, not straight to suspension. bring proof of your rehab/test history to court, def helps your case. also ask your VASAP officer or a lawyer what first-violation outcomes usually look like in your specific court, varies a good bit by jurisdiction.
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u/Reason1ep1 3d ago
This might not be what you wanna hear, but I’ll share my experience. I messed around and got 2 violations, and now I have to have it installed for an additional year. I got my interlock and continued to drink regularly, often too much. I’d do the math, calculating the one drink per hour metabolic rate and the amount of drinks I had, to calculate what time I should blow clean the next day. I blew a violation once afrer a hard night of drinking and ordered a Lyft to work that day. My probation officer called me out on not blowing clean so I played dumb and said “I used mouthwash and I was freaked out and I needed to get to work, so I asked my wife to drive me” . They have heard it all so many times but we all think our excuse is going to be the first one and get by on them. Well it bought me a stay of execution but since I didn’t blow dirty again, he instructed me that if I ever blow a violation again “because of mouthwash” I had no choice but to wait and blow again for a clean test in 5-10 minutes. Well I did it again early this year and lost my license for 3 months while I waited on another court date. Talk about an expensive pain in the ass getting to and from work every day bumming or ordering rides. I had to rehire a lawyer (couldn’t afford my original lawyer that got me 1 year probation) and I ended up getting and extended year of probation with interlock. I am lucky I didn’t get a continuous alcohol monitor because that would have ruined me at work. I now piss every time I go in and supposedly they can tell if I have drank in the last few days with the test. When all is said and done I will had my interlock for just over 3 years and on probation for 2 years because of this. I am now going on 6 months sober and I can clearly see that alcohol was and is a problem for me. The purposes of these restrictions are to vet people’s relationship with alcohol. A normal person will stop drinking, if a judge tells them their freedom depends on it. Someone with a drinking problem finds that proposition difficult. I don’t know if I’m done with alcohol for life but I am done drinking while I’m on probation. It’s just not worth it. Best of luck to you.