18.2-388 Drunk in Public

My question involves criminal law for the state of: Virginia

If a person has been convicted of a DWI/DUI in 2008 and was sentence 1 year in jail and a fine of some ammount, along with the now standardized VASAP program package; but 11 of the months were suspended and only the mandatory 30 days were made to be served; is then convicted of a 18.2-388, will that cause the suspended 11months from 2 years ago to now have to be served? horrible wording but basically will the new charge if convicted cause the suspended sentence time from the DUI in the past to now be served? any and all information would be greatly appreciated.

If I understand, you were sentenced to a year in jail, 11 months suspended, following your DUI, and you violated your probation. You are now worried that you must spend the entire suspended 11 months in jail. I assume that the year in jail was the maximum term of incarceration for your DUI offense.

It's possible to be resentenced by the original court to a term of less than the remaining 11 months. Whether or not that will happen under the facts of your case depends upon the full facts of your case, so it's something to discuss with a criminal defense lawyer.

Quote:

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Quoting Virginia Code,§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

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If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

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We're talking about a public intoxication charge? You should start taking steps that may help assure the original court that you're taking your problem with alcohol seriously.