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I got a 2nd dui in past 5 years, refused to take sobriety test with my child so child endangerment, and driving w/revoked licens

Stafford, VA |

what will be the most likely outcome of my situation...I work as a nanny and i cannot have a felony charge in my record... I just got off my zoloft because my insurance ended and I could not afford it and I relapsed...I am really concerned about my job and my career as a child-caretaker...It was an irresponsible glitch and I will assume the consequences ( not like I have much of a choice) but how do i avoid a felony charge?

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Attorney answers 3


I practice in Florida, so I can't advise on specific VA law matters, but as a general answer, you were probably better off NOT taking the field sobriety tests, as that is just creating evidence against yourself, if you would have done poorly (I assume you refused because you were not confident you could do well.) You should enroll IMMEDIATELY in either an intensive out-patient or even an in-patient treatment program, & GET THE ALCOHOL OUT OF YOUR LIFE! Your showing immediate, meaningful "rehabilitation" effort will go a long way with a court/ judge, & could even sway the State away from charging you with a felony (if a 2nd DUI can be charged as a felony in VA, in FL it is not) if they see your efforts are immediate & sincere. Waiting until the court TELLS you to "do something" is not going to cut it. If you really DO care about your future, you'll do this more for YOU than for court anyway. The fact that it also helps your court case is a nice by-product. You MUST retain the best atty you can, so find one who suggests this line of attack herself-- that will be the atty who most likely knows where you can go & how you can get there (ie: wait list? Cost? Length of program? Should be 6 mos minimum) Good Luck! -- Robin Lemonidis, Melbourne, FL

This is the procedure folks can use in my jurisdiction to request early termination of probation without an attorney. Every jurisdiction is different, however. You should consult a local attorney.



yes I'm definitely doing this for myself...thank you Ms. Lemonidis...I am prepared to get the help I need- postpartum is not easy and I am really undergoing a hard time..but with proper help I was doing great- So I need to go back to those healthy habits for my sons sake and mine. Thank you again, I really appreciate your efforts.


I also do not practice in VA and will not hazard a guess at the ramifications of your charges. However, I can tell you one thing that will help you out. Consult immediately with a VA attorney and hire an attorney that knows alot about DWIs and the related charges. Also, quit alcohol and whatever else is in your system immediately. Get counseling and get help for yourself. You apparently cannot handle this all on your own.

Good luck.

You may call our office at 516-248-6600 or send an email to us at This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.


The charges of a 2nd DUI in 5 years, refusal to take a test, and driving on a suspended license are not felonies. I am not sure what child endangerment charge you are faced with, but it may or may not be a felony. However, those charges are serious and you could face jail time, suspension of your driver's license, and fines. I would highly recommend you hire an attorney. Additionally, as the previous poster stated, you need to enrol in AA or another type of substance abuse program. A 3rd DUI in 5 or 10 years IS a felony.

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