What You Need to Know About ASAP Non-Compliance

April 2, 2021
drunk driving

When a person is convicted of a DWI offense, he or she is ordered to complete the Alcohol Safety Action Program (ASAP). Also known as VASAP, ASAP is a substance abuse treatment and education program that is run by the Commonwealth of Virginia. The program deals with substance abuse and driving, health and substance abuse, and evaluation of suspected substance abuse. 

There are several ways that a person could be charged with ASAP Non-Compliance. The most obvious way this could happen is if a person convicted of DUI failed to attend ASAP or missed a number of sessions to be deemed “non-compliant.” Additionally, every person enrolled in ASAP is subject to random alcohol testing. Testing positive is another way that you can be brought back to court as ASAP Non-Compliant. Finally, another common way you can be returned to Court as ASAP Non-Compliant is if you have positive readings in your ignition interlock device. If you are charged for an ASAP violation, the best thing to do is hire an experienced Fairfax DUI lawyer. 

Fairfax County DUI lawyers understand how drunk driving laws work in relation to both the DUI charge and an ASAP Non-Compliance charge. They can help you navigate these situations in an effort to obtain the best possible outcome.

It is important to note that ASAP has a probation function. This means that the program officials have a right to report you to a judge if you refuse or fail to adhere to their rules.

The program will also mandate you to finish all the assigned classes and treatment. As mentioned above, failure to do so will lead to further punishment. But with a good Virginia criminal defense attorney, the punishment can significantly mitigated.

ASAP violations and DUI probation violations comprise new criminal charges as a result of testing positive for alcohol, failure to attend ASAP classes, etc. That’s where you need to contact a good criminal defense attorney Fairfax VA. 

Prior to imposing part of the entire sentence, there must be a hearing with regard to the issue in question. The court is supposed to serve the accused person with a notice to appear in court to explain why the remainder of the sentence should be imposed. 

During the hearing, the presiding judge can decide to either suspend some or all the remaining sentence or suspend all or some parts of the sentence. 

Last but not least, it is important to understand that some areas seem to implement ASAP more strictly than others. For example, Arlington, Fairfax, and Alexandria enforce the ASAP to the fullest. 

They keep a close eye on persons enrolled and can bring all manner of ASAP noncompliance charges such as non-payment of costs, testing positive, failure to complete ASAP classes, and ignition interlock violations. This means that you will need the services of an experienced criminal defense attorney Fairfax VA to increases your chances of winning the case. 

Why you should hire a lawyer 

As mentioned earlier, DUI cases can assume any direction right from the word go. Your chances of getting the best result largely depend on the type of Fairfax criminal attorney you have hired. DUI lawyers have experience in handling such cases.

Rudolphi Law has one of the best lawyers in Virginia. If you have been accused of ASAP non-compliance, make a call today and get help from experienced criminal defense lawyers.