Virginia Criminal Defense Attorney
After a DUI arrest in Vienna, an individual’s vehicle will be impounded so a tow truck will be called. The individual will be taken in the police cruiser to the intake center at the county jail in Fairfax, which is the holding location for individuals who are charged in any of the smaller jurisdictions in Fairfax County.
The individual is going to be taken to and processed through the jail. Next to the jail, there is a magistrate who decides whether or not the individual is going to get some kind of bond to get out. The magistrate will make a determination based on various factors, including whether or not the individual has prior arrests or convictions and whether or not the facts of the individual’s case were sufficiently severe or mild.
The individual is going to be kept during the processing time and will not be released for usually around 24 hours. If arrested for DUI in Vienna, you can, and should, obtain a Vienna DUI lawyer for your bond hearing.
People can refuse to take the Preliminary Breath Test, which is offered prior to an arrest, but they cannot refuse to take the actual breathalyzer test at the station after the arrest if there is probable cause to arrest them. The only time an individual does not have to take a breathalyzer test is if there is no probable cause to arrest them. If a person does refuse and the court finds that there is probable cause to arrest them, they can be charged with the separate offense of refusal.
The consequences of refusal depend on a couple of things. The first is whether or not the person has ever been charged with refusal before. The first time that someone is charged with refusal, it is going to be a civil penalty, so it is a civil charge because a civil law is being broken. The penalty is going to be a $500 fine and a one-year driver’s license suspension.
If someone is charged with a second or subsequent refusal, their second offense or any offense after that is going to be considered a criminal misdemeanor offense. It will be on their criminal record and could carry six to 12 months in jail, depending on how many they have had, a large bond, and a loss of license.
It is important to know that if convicted of refusal, a person’s loss of license does not allow them to get a restricted license.
An individual should contact a Vienna DUI attorney right away for a DUI case; immediately after they are arrested or charged for DUI, a lawyer should be contacted.
If they are in jail and are unable to get bond, they should call a lawyer from jail. Certainly the sooner the better, so the attorney can start working toward getting them out and helping them prepare a defense.
Normally, someone cannot contact a lawyer during a DUI stop. If the officer goes to run the person’s information while they are still sitting in the car with access to their phone, the person could text their attorney. If the police officer pulls someone out of the car, they are probably not going to be allowed to have access to their phone.