Virginia Criminal Defense Attorney
Every officer is going to treat Fairfax DUI arrests slightly differently, but there is no special nuance in the way these cases are handled between Fairfax and other jurisdictions. Depending on the responding enforcement body, there may also be slight nuances in the arrest process. Washington Metropolitan Airport Police vehicles do not have dashboard cameras, for example, meaning that officers will not be able to conduct a field sobriety test.
No matter where you are arrested, or by whom, you could benefit from legal representation. Be sure to contact a criminal defense attorney as soon as possible after an arrest.
Immediately upon a DUI arrest in Fairfax, a person could be taken to any number of places, depending on their location. There are several police stations in Fairfax that could feasibly hold an arrestee for some period.
Ultimately, however, they are going to end up at the Fairfax County Detention Center, or one of the smaller detention centers if they are in the town of Vienna, the town of Herndon, or the city of Fairfax.
A person can refuse to take a blood alcohol content test at the station, but they will be charged with a separate offense called unreasonable refusal. There is an implied consent law in Virginia, meaning that by driving on the highways in the state of Virginia, motorists are hypothetically consenting to have their breath or blood taken should they be arrested for a DUI.
If there is not enough evidence to arrest them in the first place, then the refusal might be seen as justified. If it is found that there is enough to arrest them in the first place, then they, unfortunately, could also be convicted of unreasonable refusal in addition to DUI.
As soon as they can, an arrested person should contact an experienced DUI attorney. Very often, an arrestee will be allowed to make one phone call from jail. If so, they should absolutely contact an attorney. If they are not afforded a phone call, they should contact a lawyer as soon as they are released. A driver could even call a lawyer if they are pulled over and suspect that the responding officer has suspicions of a DUI.
If the officer has already pulled them out of the car, they are not going to let the person have access to their phone to call an attorney, so it is important to take advantage of every possible opportunity to reach legal representation.
A person is entitled to an attorney at any important phase of the prosecution, which includes their bond determination. Most people who are arrested for first-offense DUIs receive some type of bond. A lawyer could help ensure that bond is offered and work to establish a bond with favorable terms.
The most important thing to remember about Fairfax DUI arrests is that you have the absolute right to an attorney. Retaining a lawyer as early on as possible in the arrest process could be crucial to avoiding self-incrimination or otherwise harming your case. If you have been arrested, contact a criminal defense attorney as soon as possible.