What Happens After a DUI Arrest in Fredericksburg

Someone who has been arrested for drinking and driving is going to be facing heavy fines and possible imprisonment. DUI offenses are a severe crime and law enforcement treats them as such. Therefore, it is important that you know what happens after a DUI arrest in Fredericksburg. This is why you should call a seasoned defense lawyer right away to find out how legal counsel could help your situation.

Breathalyzer Test

When an officer pulls someone over for suspected drunk driving, they will go over the Virginia implied consent formm discussing the individual agreeing to take a breathalyzer test. The police will tell the person that if they do not take the breathalyzer then they will be charged with a civil penalty for failing to do so. Law enforcement will start with what is called the 20 minute observation period. They observe the accused drunk driver for 20 minutes to make sure there is no regurgitation of any kind that would interfere with the results of the breathalyzer test.

Either the arresting officer or a separate technician that is certified for the breathalyzer machine will administer a breath test to the accused. After the breathalyzer is completed, regardless of the result of the test, the person will be taken to the magistrate where the officer files a warrant for their arrest.

Arriving at the Police Station

What happens after a DUI arrest in Fredericksburg is that the person is taken to the police station. Once they arrive, their fingerprints and photograph are taken. Then they will go through the process of being arrested and booked. The magistrate has the opportunity to set a reasonable bond for that person. In some circumstances, they magistrate will hold the person in jail until the next time a judge is available to review the case.

Bond Hearings

People arrested for drunk driving can hire an attorney to represent them for a bond hearing. The defendant needs to hire a lawyer they are comfortable with and will represent them for the duration of the case. At the bond hearing, legal counsel can assist the defendant by watching out for their rights every step of the way. If someone has a lawyer present with them for their bond motion, the attorney could get them released as soon as possible. 

When to Contact an Attorney

An individual who is charged with a DUI should call an attorney as soon as they can. A dedicated lawyer is going to know what happens after a DUI arrest in Fredericksburg and how to go through the legal process. By calling a lawyer, the defendant can begin discussing the aspects of their case with a legal professional. This is essential because someone charged with a first DUI will have an administrative license suspension for a period of seven days and someone with a second DUI will have an administrative suspended license for 60 days. During that seven or 60-day period, the defense attorney can make a motion in court. The motion will require the state to prove why someone’s license should be suspended. This gives the defendant an opportunity to observe the evidence that would be used against them in a criminal case.