Following a DUI Arrest in Fredericksburg

For anyone facing the accusation of driving under the influence in Fredericksburg, next steps can be difficult to initiate. It is critical to speak with a DUI attorney with defense experience following a DUI arrest in Fredericksburg. They can discuss possible strategies with you and help you understand the risks of refusing breath tests and losing your license following an arrest.

What is the Process Following a DUI Arrest?

Immediately following a DUI arrest in Fredericksburg, a person would probably be taken to the detention center. Someone should contact an attorney for every single DUI case. There is never a situation where somebody should not contact an attorney for a DUI.

During the ten days following a DUI arrest, a person should not drive under any circumstances. This is because when somebody is arrested for a DUI, they would lose their license administratively for a period of time so that means they cannot drive. During that time, it could be critical to look for a defense attorney to have somebody looking at the case and forming a defense.

How to Challenge a DUI License Suspension

Following a DUI arrest in Fredericksburg, a person could challenge the suspension of their license in Fredericksburg by challenging the probable cause of the arrest. If it was a bad arrest, then the person’s license should not be lost for that period of time. However, by the time an individual gets an attorney and then puts on a motion to challenge a probable cause, usually, the seven days have already run and then it is a moot point.

If the person decides not to challenge the suspension of a license, they will get it back after seven days. If their license has been suspended, a person can obtain an official Fredericksburg ID card by going to the DMV and asking for an ID card.

Hearing Process to Challenging a License Suspension

The hearing process to challenge a license suspension requires that the individual puts on a motion in front of a judge to challenge the license suspension. The formal review hearing process in Fredericksburg involves appealing the bond decision up to the circuit court and putting on another bond motion in front of the judge. The administrative DMV process is a whole different can of worms and they frankly cannot undo something that the court did so the only way that the person is going to have some kind of review process would be to file a motion in front of a judge to challenge probable cause.

Impact of Refusing a BAC After a DUI Arrest

Someone can refuse to take a BAC test following a DUI arrest in Fredericksburg. If somebody is at the station after they have been validly arrested for a DUI under the implied consent law, they cannot legally refuse and they will be charged with a separate offense of refusal.

For a first-offense refusal charge, if it is found that they were validly arrested and they refused to blow after being read their implied consent and after a lot of other specific situations apply, an individual can be convicted of a similar refusal which results in a one-year administrative loss of license with no opportunity for a restricted license.

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