If you’ve been pulled over, arrested, or charged with a DUI offense in Arlington County or the surrounding cities, navigating the legal process can be daunting. This comprehensive guide will walk you through every aspect of a DUI case in Arlington, VA, and how Bississo Law (Arlington law firm), an Arlington criminal defense lawyer specializing in DUI cases, can protect your rights and guide you through this challenging journey. Virginia has some of the strictest DUI enforcement laws in the nation, and anyone arrested for allegedly driving while intoxicated can’t afford to wait; obtaining an Arlington DUI lawyer is crucial. The consequences of a DUI conviction are severe, with fines, mandatory jail time, license suspension, and other penalties that can quickly escalate.
Your liberty is at stake in Arlington if you are charged with a DUI. Virginia law enforcement follows a series of procedures to build a case against you in cases:
Interrogation:
This is an informal inquiry during which persons are usually asked personal questions, and facts may be elicited from them. During interrogation, the person being questioned is not required to answer the questions. However, refusing to answer questions will only worsen when the case goes to local or federal courts. In an investigation, police use various tactics to obtain incriminating statements from you that can be used against you in state and federal courts.
Arrest:
From a legal standpoint, you are under arrest when police limit your freedom of movement. You are not under arrest by choice but rather because the police detain you.
Probable Cause:
Probable cause is the legal standard to be satisfied to make an arrest. This means the police have reason to believe you have committed a crime.
Under Virginia DUI laws, a person suspected of driving drunk must submit to and pass several sobriety tests. If you fail or refuse to complete these tests, the police may arrest you for a DUI.
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Individuals facing charges in Virginia for drunk driving must take field sobriety tests and provide a breath test or sample. Failure to pass these tests will result in an arrest, and the person being tested will be subjected to potential prosecution. Police will use a DUI sobriety test if they reasonably suspect you are intoxicated while driving. During your investigation, the police will also administer a breathalyzer or chemical test to determine if you are influenced by drugs or alcohol. Your refusal to take these tests may result in jail time and possibly more testing and evidence required by the authorities.
Driver’s license suspension:
Your driver’s license is automatically suspended if you are found guilty of driving while under the influence, whether for a first, second, or third offense.
Restricted licenses:
If you are convicted of a first-offense DUI in Virginia, you will face a 12-month license suspension of your driving privileges in Virginia. However, this doesn’t necessarily mean you’ll have to go an entire year without driving. For out-of-state drivers, Arlington County lacks the authority to suspend your out-of-state license but can instead restrict your ability to drive within Virginia. Due to interstate agreements and reporting protocols between states, it’s possible that your “home state” could be notified of your DUI conviction in Arlington, Virginia. Your home state may then choose to enforce a restricted license. Discussing this matter with your Arlington DUI defense lawyer is crucial to understanding how this might impact your out-of-state license. This doesn’t imply that your only alternative is to rely on walking or public transportation. Arlington County judges can grant you restricted driving privileges depending on your driving history. If authorized to drive on a restricted license for 12 months, you will likely have additional requirements to fulfill.
Arlington County will typically require installing an ignition interlock device on your vehicle. You must keep this device installed for at least six months before you can petition the general district court to remove it. Additionally, you’ll be responsible for this device’s cost and regular maintenance throughout its installation period. During your free consultation with our Arlington DUI attorney, you can inquire about your eligibility for an operator’s restricted license and any accompanying restrictions.
If you’ve been charged with a first-offense DUI conviction in Arlington, or if you’re facing a second-offense or subsequent DUI conviction, seeking the counsel of an Arlington DUI attorney is usually in your best interest. At Bississo Law, P.C. law firm, DUI lawyer, or criminal defense lawyer, our Arlington County criminal defense lawyer offers free consultations to explain your rights and assess whether there are potential options to reduce your charges.
Jail Time:
If you submitted a breath test or sample at the police station and your blood alcohol level (BAC) was measured below.15, you are not automatically subject to a mandatory jail sentence. However, certain aggravating circumstances, such as being involved in an accident, might lead a judge or prosecutor to consider an active jail sentence.
If your BAC falls between.15 and.20, you are facing a mandatory 5-day jail sentence. If your breath sample registered above 20, you are looking at a mandatory 10-day incarceration. During your initial consultation with our Arlington County DUI defense attorneys, we will assess the likelihood of active jail time, explore potential defenses, and discuss a defense strategy to avoid mandatory sentencing, especially if your breath alcohol content exceeds 15.
In Arlington County, prosecutors don’t solely rely on elevated blood alcohol levels when determining the appropriateness of jail time. In your case, they also consider several factors, which may include excessive speed, reckless driving behavior, involvement in an accident, or confrontational and aggressive conduct during interactions with law enforcement officers at the scene.
Fines:
Fines are imposed for driving while intoxicated. In 2018, the penalty was $250. If you are found guilty of driving while under the influence of drugs or alcohol, your license is suspended, and you will be subject to a mandatory minimum fine. If you are found to have a BAC of 0.08% or higher, your license will be suspended, and you must pay a mandatory minimum fine of $500-$2,500.
License Reinstatement Fee:
If your license is suspended, you must pay a $100 reinstatement fee and a $250 DUI surcharge to have it reinstated.
Driving while intoxicated is considered a severe offense in Virginia and can have lasting effects on your life. If you are convicted of this crime, there are several challenges that you must face as you attempt to rebuild your life. First, you may need to seek legal help from a criminal defense lawyer specializing in cases for advice about your case and the future consequences it may have. As with any legal situation, you must understand all the ramifications of the charges against you. The costs of your analysis will be added to your fine.
As you can see, you could receive various penalties if you are found guilty of a Virginia DUI charge for driving while intoxicated in Virginia. Therefore, avoiding this situation is always best done by not drinking and driving. If you face DUI charges, a criminal defense attorney will be necessary to guide you, provide legal assistance through your case, and help you avoid a criminal record. Your Arlington DUI lawyer will take all possible actions to have your charges dropped or minimize the potential fines and penalties you may face. Bississo Law, one of the best DUI lawyers or law firms, is ready to help you! Schedule your free consultation and case evaluation today via phone or email and get the information, legal answers, and support you need.
