What is VASAP?

VASAP is the Virginia Alcohol Safety Action Program. Most everybody refers to it as ASAP. The law in Virginia Code requires that everyone convicted of driving under the influence has to enter and complete the VASAP. Also, a lot of times we get a prosecutor to agree to reduce the DUI/DWI to Reckless Driving. When a prosecutor agrees to a reduction or even when the Judge reduces a charge to a Reckless Driving, ASAP will still be ordered. We get a lot of questions about the ASAP program. We are going to answer some common questions you might have below. It is easy to find information on ASAP on the VASAP website. Their website address is http://www.vasap.state.va.us/. From there you can find all kinds of information and where the office closest to you is located. Our goal is to find a way out of your DUI/DWI charge so you won’t have to attend ASAP. Our favorite clients are those that hope for the best, but prepare for the worst. It is good to be prepared! No matter what we will guide you through the entire process, and even after your case is over we are available to you to answer questions you have and assist with any complications that might come up. Our attitude is that when you hire us, we are here for you from start to finish to guide you through everything that may come up. So, let’s get to your questions. VASAP has three main functions: intake, education, and probation.

What is intake?

During intake, you will be asked a number of questions so that VASAP can evaluate your level of drug and/or alcohol dependence. Once ASAP determines your level of dependence, your case manager will determine if you are in need of more than just the educational component that is required of everyone convicted of a DUI/DWI offense. assign you to a certain number of hours of education. The educational component is discussed below. ASAP can also require you to complete alcohol and drug treatment. This is called the Therapeutic Component. We will talk about that below as well. One thing you should know now is that Judges in Virginia rarely if ever override VASAP’s evaluation of your needs. We have had client’s whose case was reduced to a reckless driving and they had a low alcohol content and ASAP determines they are in need of treatment as well as education. Some clients have insisted we go back to court to get the judge to override ASAP’s evaluation. That is one area where we have not been successful. Basically, you are kind of stuck with what ASAP says you need to do. Now we have gotten ASAP themselves to change their mind on occasion. We certainly don’t mind trying. Remember this always, having an attitude with the people at the ASAP program gets you absolutely no where! They are used to dealing with people with attitudes, trust me, they have the power, you don’t. You will just make your situation worse. The people at ASAP are there because they too have a desire to help people. They are tremendously overworked and underpaid. Be nice. Call us and complain and we will try to help you get through whatever is going on. We work well with the VASAP people. They help us out tremendously when we have an unusual situation. One last thing that you will get at the intake is You will also receive a list of the ignition interlock providers in your area. We talk about ignition interlock elsewhere.

What does education and treatment consist of?

Education and treatment is referred out to treatment centers and addiction programs. ASAP does not do the education themselves. The entry level of education is 20 hours; usually a 2 hour session is scheduled once a week for 10 weeks. The cost for this class is usually $100. Even though you have to enroll at the VASAP location that services the jurisdiction where you got the charge, your case will be transferred to where you live. You will take classes that are the most convenient for you.
If you live outside Virginia, you can take the classes where you live. VASAP will assist you in finding a program that meets Virginia’s requirements and is closest to you. But ASAP must approve the program and it will be up to you to communicate with ASAP. If you are out of state don’t think you can get away with not doing the program. VASAP will send your case back to court if you don’t comply with the programs they assign to you. The Court will then issue a capias for your arrest. That capias never goes away. Say ten years from now you happen to be in Virginia and have a police encounter. Well when they run your information, they will see you a capias (that is latin for attach the body and trust me they will attach your body) you will be arrested and taken to jail. Then you will be calling us to represent you again! The treatment programs vary greatly in length. In some jurisdictions they can last for 26 weeks. I have heard of others where all that is required is four weeks. This is always in addition to the educational program. VASAP also will allow private counseling to satisfy this requirement. They do not allow private counseling to satisfy the educational component unless you are in the United States Military. VASAP will accept military programs for both education and treatment.

ASAP’s orientation video explains their programs, the restricted license, and ignition interlock.

(Most of the information is correct. Some corrections: (1) all DUIs require an ignition interlock now if you want a restricted license; (2) a DUI 1st only requires ignition interlock on the car you drive - not all cars you own; (3) “good behavior” is defined by most judges to be more than just not having any additional alcohol or drug convictions - any jail-able offense is usually a violation of good behavior.)

The judge says I’m on probation. What does that mean?

VASAP also serves a probationary function – meaning that they will report to the court if you screw up. During educational classes, they can require you to take an alcohol breath test or a drug urine test. ASAP will ensure you complete all classes and treatment and that you install ignition interlock and use it without fault … or you will be violated to the court. At the end of your “good behavior” period, ASAP will run a criminal background check to make sure you that you have kept the peace. Since completion of VASAP is a condition of any suspended jail sentence, messing up on any of these can land you in jail. We advise our client’s if they hit a snag to call us right away and let us intervene to try and smooth things out. A lot of times we can prevent our clients from being violated by working something out with the people at ASAP. Do NOT ignore the problem because that will only make matters worse in the long run.

Can I sign up for ASAP before court? Why should I?

You can sign up with VASAP before trial. It will prequalify you for ignition interlock. Also, your attorney might need to show the judge that you are serious about treatment in an effort to reduce jail time. Judges generally love treatment. You can use the ASAP link above to locate all of the VASAP programs. If you are pre-enrolling in ASAP, you need to do so in the jurisdiction where you got the charge and they will transfer it to your home jurisdiction. This works the same way if you are from out of state. By the way, if you do a program out of state or in the military, you still have to pay the VASAP fee. They have to monitor your case and report to the judge and they need to get paid.

How much does ASAP cost? Can I get a payment plan?

The fee to enter VASAP is usually $300. Virginia Code 18.2-271.1(B) mandates that the fee must be between $250 an $300. The charge for classes is additional and just needs to be “reasonable.” The judge can waive or reduce these fees if you are indigent.

If you need to, ask for a payment plan. Be persistent – ASAP would rather be paid up front but they should offer a payment plan. If you are truly indigent, the judge can waive fees for you.

I don’t have a drinking problem. Is it possible that ASAP will say that I don’t have to take classes?

Yes, it’s theoretically possible but practically impossible. The Code of Virginia allows for the possibility that ASAP will assess you and find that you do not need education. But, don’t count on ASAP saying that you don’t need the services of ASAP!

Other services VASAP provide.

You will see a link on most ASAP home pages of a list of other services VASAP provides. These vary and we have found that sometimes they name them differently. Here is a list from their main page: Intensive Education (which we discussed), Treatment (which we discussed), Young Offender Program, Habitual Offender Evaluations, Habitual Offender Relapse Prevention, Driver Improvement, Driving Suspended Program, Reckless/Aggressive Driver Classes, Ignition Interlock, First Time Drug Offender, Reckless Aggressive Driver Program (not sure how this varies from the classes), Driving on Suspended Intervention Interview, Habitual Offender Restoration Evaluation.

Here is the law – Relevant Virginia Criminal Code Sections that pertain to VASAP

We are providing the code sections and titles of the statutes in case you want to do further legal research. You can cut and paste the code sections and search through google or yahoo and it will pull up the entire code section.

The VASAP program is also governed by provisions in the Virginia Administrative Code. This a code that has all the regulations that pertain to the law. We are including a list of the most recent provisions of the Virginia Administrative Code for your information. If you want to do further research google Virginia Administrative Code. This will lead you to their website which is http://law.lis.virginia.gov/admincode. From there you can search VASAP and it will pull up more information than you really should care to know! Here are the latest provisions:

VASAP is governed by the Commission on VASAP

The Commission on VASAP is comprised of Board Members. It is a Quasi Judicial Agency. It does not receive direct funds from the legislature. VASAP has to fund itself through the fees it charges. Here is what it says on their website about themselves. The Commission.

In 1986, the General Assembly established a Commission on VASAP to formulate and maintain standards to be observed by local ASAPs and to allocate funds to programs with budget deficits.
The Commission is composed of 15 members who offer a broad range of knowledge and experience to effectively administer the ASAP system as provided in Section 18.2-271.2 Code of Virginia Commission on VASAP.

The latest report from the Commission on VASAP provides a lot of good information about the program. The report is titled The Commission on VASAP 2015 Annual Executive Summary January 2016.

Click here to see what the law says.