Midkiff v. Commonwealth

Upon a plea of guilty, the trial court convicted the defendant, Mike Odell Midkiff, of driving under the influence of intoxicants. Code § 18.2-266. Following his conviction, the defendant moved the court to assign him to one of the alcohol programs authorized by Code § 18.2-271.1. The court denied the motion, sentenced the defendant to pay a fine of $200, and suspended his operator’s license for six months.

Code § 18.2-271.1 provides that a general district court or a circuit court may assign to an alcohol safety action program (ASAP) or a driver alcohol rehabilitation program any person…