When an individual is arrested for suspicion of DUI, the individual is taken to the breath room at the local jail. The breath room in Fredericksburg may utilize local facilities or they may transport the person to the Rappahannock Regional Jail which Fredericksburg also uses. The Rappahannock Regional Jail is located across the river in Stafford County.
Jail consequences for Fredericksburg DUIs can be difficult to navigate without the help of a distinguished DUI lawyer. A Fredericksburg DUI lawyer will have the knowledge and understanding of local laws and how they may impact your case.
When an individual is arrested for suspicion of DUI, jail consequences for Fredericksburg DUIs includes being kept in a holding cell for processing with other folks arrested around that same time. Because many DUI offenses receive bonds, once the person reaches sobriety or blows 0.00 on the jail PBT, it is not likely that they are entered into the general population at the jail. When an individual is sober, they go in front of the magistrate and may be issued a bond depending on several bond factors.
Many jail consequences for Fredericksburg DUIs occur between booking and bail. After an individual is arrested or before going in front of the magistrate for bond determination, they are placed in a holding cell for several hours with no amenities. It is possible that they are not fed and do not receive medical attention other than a nurse doing an inspection at the initial booking.
This can theoretically go on for quite a number of hours depending on the person’s level of intoxication at the time of the arrest. Typically, people spend between 4 and 12 hours in the holding and booking area when arrested for DUI.
All of the individual’s property is taken, examined, and held in the property division until the person is released. The person has their clothes or more likely, changes into a jail jumpsuit and waits until being taken before the magistrate for an initial bond determination or release.
At the time of the arrest, it is possible for an individual to be held only a couple of hours. There are circumstances in which someone can be held for a very short period of time including cases where blood is drawn and the person is released by a magistrate. When they refused and blew a 0.00 in the jail PBT, they may also be released pretty quickly.
However, it is also possible that an individual can be held without bond up until their trial date. That can happen when someone has repeat offenses or is charged with other serious offenses at the time of their DUI arrest. There are many reasons why someone may be refused bond for a DUI. For example, they may have a history of failure to appear in court, or may not have local ties to the community, both of which would lead the court to suspect that they are unlikely to return if released. If someone is not given a bond, they must wait in jail until their trial date.
The jail in Fredericksburg does not have full-scale medical resources available. There is usually a nurse on staff at all times who checks blood pressure and asks the person about relevant medical history, any complications they may have, and determines whether they are in medical distress. If they need medical attention, they are taken to the medical wing of the jail or to a local hospital for evaluation.
If the arrested individual needs to be seen by a doctor, they are usually transported to a local hospital.
The person is given a breath test after an arrest on suspicion of DUI or before they are booked on the DUI and that determines their charges. When an individual is arrested for DUI, they are given a subsequent breath test later to evaluate their level of sobriety if it is appropriate to give them bond.
In addition to the loss of liberty, an individual has their property confiscated, their person may be searched, they may be required to change into jail clothes, and their car is likely searched and towed. Jail consequences for Fredericksburg DUIs occur when contraband is found. The person can then be charged with additional criminal charges. They should get one phone call to notify friends or loved ones but they are not afforded many other luxuries.
The mandatory minimum sentence refers to the lowest possible sentence an individual can receive for a given offense. Mandatory minimum sentences could be thought of as floors rather than ceilings. A DUI in Virginia, in most circumstances, is a Class 1 misdemeanor. Jail consequences for Fredericksburg DUIs for a Class 1 misdemeanor is a maximum punishment of up to 12 months in jail, a $2,500 fine or a combination of both. The minimum penalty is typically no jail and a fine.
A mandatory minimum elevates that floor from a first offense with a minimum $250 fine when the BAC is at a certain level. In addition, there can be a mandatory minimum five days or ten days in jail for a first offense. The mandatory minimum increases the possibility of jail time from no days up to ten days. There are other corresponding mandatory minimums that raise the floor of possible punishments or impose non-discretionary penalties.
Jail consequences for Fredericksburg DUIs can be difficult to navigate without legal counsel. A Fredericksburg DUI lawyer will be familiar with local prosecutors, judges, and laws. This will enable your attorney to better operate within the often complex legal system in order to get you the best possible outcome.
Northern Virginia Criminal Defense Group
