What Happens if You’re Stopped For DUI In Loudoun County?
If you’re stopped for suspicion of DUI, you should expect that certain things will happen.
First, expect that the officer will approach your vehicle and ask for your license and registration. This is common for all traffic stops, not just DUI stops.
Next, if an officer detects the odor of alcohol, you should expect that the officer will ask you questions about your consumption of alcohol.
Next, you should presume that the officer will ask you to exit the vehicle. Exiting the vehicle is allowable under the law. After exiting the vehicle, you may be asked to perform a field sobriety test (also known as FSTs) or a preliminary breath test also known as the PBT.
In Virginia, the field sobriety test and the preliminary breath test are voluntary—meaning you do not have to take them. However, refusal to take these tests combined with the odor of alcohol and other observations may still lead to your arrest.
It is important to remember, however, that you do not have to submit to field sobriety tests or the roadside breath test, also known as a PBT.
What Happens After a DUI Arrest in Loudoun County?
If you’re arrested for a DUI in Loudoun County, Virginia, you will most likely be initially taken to the Loudoun County Adult Detention Center located off Sycolin Road at Loudoun County Central Parkland. The Loudoun County Adult Detention Center is a local jail and it includes both a holding facility and a magistrate.
At the Loudoun County Adult Detention Center, you’re most likely to be given the option of taking a breath test on the EC/IRII machine, which is the recognized breath machine in the Commonwealth of Virginia.
If you refuse to take the breath test at the station, you will likely be charged with violating the implied consent law and you may face an additional charge for unreasonable refusal to take the breath test. You’ll be given an observation period in the breath room and then read the implied consent statute. After the breath test is administered—if a breath test is administered—you will typically be taken in front of the magistrate.
The magistrate will make an initial determination on a bond in your case. If you test positive for the presence of alcohol, you will typically be held until you regain sobriety or achieve below 0.00 on the jail’s portable breath test.
At that time, the magistrate will make a determination of bond and you will typically be free to leave on personal recognizance bond or a secured bond, depending on the circumstances of the case.