It is relatively common for college students to go to parties, bars or simply drink with their friends. But if they are pulled over and charged with a DUI, it can frighten them and their loved ones. If you have a child in this situation in Virginia, you have to remember that the first 48 hours can define the trajectory of your student’s academic and professional future.
Stay calm and gather the facts
Your first priority is to stay calm. Before jumping to conclusions, gather as much information as possible. Here are some important questions to ask:
- Which jurisdiction was the arrest in?
- Did they perform a breath test at the station or a blood draw?
- Were there any other charges, such as underage possession of alcohol?
It is also important to ask if there is a court date listed on their summons.
Contact an attorney immediately
In Virginia, a DUI conviction results in a permanent criminal record that cannot be expunged. An experienced attorney can immediately begin challenging the legality of the traffic stop or the accuracy of the breathalyzer equipment. Early intervention is the only way to explore alternatives like reduced charges or, in some specific cases, diversion programs.
Understand the “threefold” consequences
A DUI arrest creates a “tug-of-war” between three different systems:
- Legal: Potential jail time, heavy fines, and a mandatory one-year license suspension.
- Academic: Most Virginia colleges have a code of conduct. An arrest can trigger a university disciplinary hearing, leading to suspension or loss of scholarships.
- Emotional: The stress and shame can impact a student’s mental health and academic performance.
After your child has been charged and released, there are some steps you can take to avoid worsening their condition:
- Respect the 7-day suspension: In Virginia, an arrest usually triggers an immediate 7-day administrative license suspension. Do not let them drive during this window. Getting caught driving on an ALS suspension will result in a separate, mandatory jail sentence.
- Understand “zero tolerance”: If your student is under 21, Virginia’s “zero Tolerance” law means they can be convicted with a BAC of just .02%.
- Prepare for court: Attend all hearings. Showing a united family front and demonstrating that the student is taking the matter seriously (by attending alcohol education classes voluntarily, for example) can sometimes influence a prosecutor’s perspective.
- Voluntary remediation: Your attorney may suggest enrolling in the Virginia Alcohol Safety Action Program (VASAP) or a private alcohol education class before the first court date. This “proactive defense” shows the prosecutor that the student is taking full responsibility, which can be a key factor in negotiating a reduction of charges.
A mistake in college should not close the door on a career. By acting quickly and securing legal counsel, you can fight to ensure this incident is a learning experience rather than a life-altering conviction.