After a DUI stop you can expect a series of questions from the officer who stopped you. It’s important to not say anything self-incriminating to the officer, because anything you say can and will be used against you. It is in your best interests to call a Fauquier DUI lawyer if you have been stopped for DUI.
If the officer has reason to believe that alcohol or drugs are involved in your driving behavior, then it is likely that you will be asked to exit the vehicle. After exiting the vehicle, the officer will likely ask you to:
It is important to remember that the field sobriety tests, PBT, and any questions about alcohol consumption are voluntary and you can and should refuse them. However, you must obey lawful commands such as exiting the vehicle and providing identifying information.
If a Fauquier County law enforcement officer, either the Fauquier County Sheriff’s Office or Virginia State Police, stops you for suspicion of DUI but then notices that you’re not under the influence of alcohol, for example you do not smell like alcohol; however, they notice materials in the car such as drug residue or drug paraphernalia, you may be investigated for a drug-related DUI.
You can be charged with DUI in the Commonwealth of Virginia even if you do not consume a single drop of alcohol. However, Driving under the influence of drugs is the same criminal offense pursuant to Virginia Code Section 18.2-266. When an officer is looking for someone driving under the influence of drugs, they’re going to look for the following:
They’re also going to ask questions about drug use and they may also ask the driver to perform similar field sobriety tests.
If you’re arrested for a DUI in Fauquier County, you’ll be taken to the Fauquier County ADC or Adult Detention Center, located at 50 West Lee Street. Approximately two buildings down from the Fauquier County ADC and right before you arrive at Fauquier County Sheriff’s Office is the Magistrate’s Office for Fauquier County. After you’re charged and booked for DUI, you’ll likely be taken to the magistrate’s office for the initial determination of bond. If the magistrate is not in or the offense occurs after normal hours, then you may appear on video before a magistrate at the Fauquier County ADC. The video room for the magistrate is located within the jail itself.
If you’re charged with DUI in Fauquier County, you should contact an attorney immediately. After being charged and given a bond by the magistrate, you will initially be given an advisement date also known as arraignment date. Typically, this is less than a week after the date of your arrest. Arraignment will occur in the Fauquier County General District Court located at 6 Court Street in Warrenton, Virginia. This is not a trial date but simply an administrative date to determine what you want to do about your right to counsel. If you are charged with DUI, then you must attend this court date at the time. It is also in your best interest to contact an attorney prior to this date so that you attorney can either attend with you or find out what dates your DUI trial may be scheduled.
If you’re charged with a DUI with an elevated BAC, a second or third DUI offense, or a DUI offense with other criminal charges, such as possession of drugs, possession of weapons or eluding, then you may be initially denied a bond by the magistrate. If you’re denied a bond by the magistrate, then you will need to file a bond motion with the Fauquier County General District Court in order to have the judge determine whether or not that you are eligible for a reasonable bond. Virginia Code Section 19.2-120 discusses how and when a reasonable bond is appropriate. It’s important to contact a Fauquier County DUI attorney for DUI-related bond motion to make sure the proper procedural steps and local rules are followed. A Fauquier County DUI attorney can file a bond for you immediately and argue your case before the judge. If you have a bond hearing before the judge, you will not physically be brought to court. Rather, you will appear via video link where you can see the judge and your attorney can present evidence and advocate on your behalf.
Northern Virginia Criminal Defense Group
