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Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 21, 2012 11:25AM

How long does a driving after illegally consuming alcohol charge stay on your record. I know it stays for 3 years on the DMV record, but what about the overall record that they check when they do background checks for jobs?

This is the link to the law:
http://law.justia.com/codes/virginia/2006/toc1802000/18.2-266.1.html

I believe it is a Class 1 Misdemeanor if that helps.

Thanks

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Re: Driving after illegally consuming alcohol
Posted by: Bscharge ()
Date: January 21, 2012 11:33AM

It used to be class 3 but just recently they made it a class one and same penalties as a DUI. If you got the charge a while back its a class 3, 6 points and for 6 years.

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Re: Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 21, 2012 11:44AM

Thanks for the response. I got it in October of 2008. Its six points and stayed on my driving record for 3 years. Its off my driving record now but I am asking about my criminal record that they check with pre employment. Does it permanently appear on that?

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Re: Driving after illegally consuming alcohol
Posted by: Olde Farte ()
Date: January 21, 2012 12:09PM

Jonn Wrote:
-------------------------------------------------------
> Does it permanently appear on that?

If it's here (not a national database, but you get the idea):

http://www.fairfaxunderground.com/cgi-bin/searcharrests.cgi

then it probably exists on some other commercial database, too - and they don't usually forget.

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Re: Driving after illegally consuming alcohol
Posted by: Olde Farte ()
Date: January 21, 2012 12:14PM

BTW, if you click on that old search link and type 10/../2008 into one of the fields it will give you the entire arrest record for that month/year. That generates more than 10,000 hits, though, so you'lll want to narrow the search using the other fields.

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Re: Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 21, 2012 12:36PM

Yea the charge wasn't in fairfax county so it wouldn't appear there.

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Re: Driving after illegally consuming alcohol
Posted by: recordchecker ()
Date: January 21, 2012 12:53PM

It a kiddie dui. It will always stay on your criminal history unless you get in expunged. What was the dispostion in court? If they had you on a deferred dispistion program than that may be a different story

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Re: Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 21, 2012 04:16PM

Not sure what the disposition was. I had my license taken away for a year, attenede VASAP program, and had to do community service so I guess I was officially convicted.

Can I get it expunged like you mentioned if I was convicted? I looked online and some sites say that in Virginia, once you are convicted, you can not get it expunged.

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Re: Driving after illegally consuming alcohol
Posted by: bscharge ()
Date: January 21, 2012 04:47PM

woah a year? i got 6 months back when i got my charge and zero community service. Did you have any additional charges?

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Re: Driving after illegally consuming alcohol
Posted by: friskydingo ()
Date: January 21, 2012 05:03PM

I believe it will always be on your criminal record

 

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Re: Driving after illegally consuming alcohol
Posted by: driver ()
Date: January 21, 2012 05:07PM

Ah.... it's driving after legally consuming alchol that is the bigger problem.

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Re: Driving after illegally consuming alcohol
Posted by: bscharge ()
Date: January 21, 2012 05:18PM

driver Wrote:
-------------------------------------------------------
> Ah.... it's driving after legally consuming alchol
> that is the bigger problem.


Depends on how much alcohol you legally consumed. If its above .08 then yes its a bigger problem than a kiddie dui. There are some major flaws in the kiddie dui law, you can legally get to a .04 pretty easily. Your being charged with "illegally" consuming alcohol.

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Re: Driving after illegally consuming alcohol
Posted by: Expunged ()
Date: January 21, 2012 05:19PM

Anything can be expunged. You just need a good lawyer and enough cash.

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Re: Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 21, 2012 05:31PM

Just consulted a lawyer online and he said it can't be expunged.

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Re: Driving after illegally consuming alcohol
Posted by: Be Yourself ()
Date: January 21, 2012 09:50PM

Jonn Wrote:
-------------------------------------------------------
> Just consulted a lawyer online and he said it
> can't be expunged.


Maybe it would have been a good idea to consult a lawyer "in an office" before the trial if your so concerned with your employment options. My advice, tailor you job seeking around jobs that will hire you if they know the truth. There are plenty of them and you won't be in fear of the truth.

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Re: Driving after illegally consuming alcohol
Posted by: friskydingo ()
Date: January 21, 2012 10:06PM

Driving after illegally consuming alcohol isn't that terrible for your future. Just don't get any more alcohol related arrests and you will be just fine. Don't worry too much man.

 

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Re: Driving after illegally consuming alcohol
Posted by: bscharge ()
Date: January 21, 2012 10:38PM

Its really not a bad charge but a lot of people have never heard of it and take it as another word for DUI. I had one dumbass recruiter telling me i got a DUI and i tried to tell him its different but he didn't seem to get it.

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Re: Driving after illegally consuming alcohol
Posted by: Jonn ()
Date: January 22, 2012 12:10PM

Thanks for help guys. I have a good job already I just wanted to get it expunged for the future.

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