Tidewater area Commonwealth Attorney’s and Judges treat ASAP Violations very seriously. There are an average of 2000 Drunk Driving arrests each year in Virginia Beach alone. As a DUI Defense Attorney, I vigorously fight accusations of drunk driving. Sometimes a DUI may be reduced to a Reckless Driving charge but sentenced in similar fashion to a DUI. This includes a court order to complete ASAP as a part of a Reckless Driving sentence. ASAP supervision and successful completion is required for nearly all convictions of misdemeanor DUI. 

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ASAP, or the Virginia Alcohol Safety Action Program, is a specific type of probation available to the court. ASAP plays the supervisory role of the court. ASAP reports to the court any violations when ASAP alleges that you did not follow their instructions or violated some rule.

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What can trigger an ASAP Violation? Among other things, common basis for violation includes: 

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• Disobeying any court order while under ASAP supervision

• Failure to enroll in or attend ASAP

• Failure to attend an assessment or treatment program

• Failure to complete community service requirements

• Driving outside court-ordered restrictions

• Ignition Interlock fails or stalls

• Positive drug or alcohol tests

• Any new violations of law

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All violations of ASAP can put your freedom in jeopardy. Any jail time or fines that the court suspended for the underlying conviction is in-play for a violation. The court will view some of these violations in harsher light than others.

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A court will find whether there is “good cause” to find you in violation. The burden on the Commonwealth Attorney is not the well-known “Beyond a Reasonable Doubt” standard enjoyed in criminal cases. Good cause is a very low standard and practically puts the burden on the defendant to show why they are not in violation of the court’s order.

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Ignition Interlock violations require special attention to detail to successfully attack. Often times the Ignition Interlock is accurately detecting consumed alcohol – but many times it is not. Since the Commonwealth need only show “good cause,” these cases are especially difficult to argue. If you contest that you were in violation then we will subpoena the relevant ignition interlock records and comb them for errors and inconsistencies. (See my Article on ASAP Good Behavior Violations) (See my blog article on a recent case)

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Regardless of the reason for your ASAP Violation, you will need an experienced Criminal Defense Attorney to navigate you through the court system and to fight the allegations against you. Contact Brian M. Latuga, Esq. now for a free consultation at (757) 687-3657, or by filling out the form, here.