When someone is charged with a DUI, there are many factors that come into play even after an arrest. Someone who doesn’t fully understand the process or what’s at stake may end up jeopardizing their case. An Alexandria DUI lawyer can help immensely if you are charged with a DUI, and it is never too early to contact one.
If you are arrested for suspicion of DUI in Alexandria, you will be taken to the Alexandria Police Station. Typically, after arrest for a DUI case, you will be taken to the breath room where they will ask you to take a breath test on the ECIR II machine. If your results from the breath test are in excess of the legal limit, or if the doctor is unable to obtain a sample that says that you are otherwise in violation of the statute, you will likely, at that point, be formally charged with a DUI or DWI offense and you will be put into a holding cell.
At some point after being put in the holding cell, you will be offered a preliminary breath test again. This test is not admissible and is not used in any court proceeding, rather they simply use it to determine what your alcohol content is for the purpose of when you can be taken before the magistrate.
You can always refuse to take a BAC test in Alexandria once you are placed under arrest by Alexandria law enforcement for suspicion of DUI. If you are placed under arrest for suspicion of DUI, however, you will be read the Virginia implied consent statute, which, in a pertinent part, says that by virtue of driving on highway in Virginia, you are deemed to give your implied consent for a blood or breath test and if you refuse to do so, you may be charged with an additional violation.
Therefore, you can refuse the test, but if you do, you should expect that you will be charged with refusal under Virginia Code 18.2-268.3. For a first offender, that refusal is a civil violation. The civil violation carries a very serious penalty, and the penalty for a first offense civil conviction is a 12-month hard loss of driving privileges.
If you are arrested for suspicion of DUI, you should contact an experienced attorney the moment you are released from detention. If you allow an attorney to meet with you as soon as possible, the attorney can preserve crucial evidence and help you understand the next step.
You can even contact a DUI attorney during a DUI stop, but the officers are not obligated to cease their investigation simply because you have contacted an attorney. Remember to invoke your right to remain silent during that time period.
In addition, you can get a lawyer for an Alexandria bond hearing. If, for some reason, typically based upon prior offenses or other prior events in your criminal history, you are denied the initial bond by the magistrate, you may need to make a motion for bond before the journalist’s report. This can be done with the help of an experienced attorney. You, or someone within your family, should contact the attorney as soon as possible, at the time of bond where it is just being filed.
Northern Virginia Criminal Defense Group
