What to Expect After a Manassas DUI Arrest
There are a few different places the police can take someone after an arrest for driving under the influence in Manassas depending on their location. All police stations in Manassas, however, have magistrates on site or available by video so if someone is arrested the police can administer the breath tests at the station and bring the person immediately before a magistrate to attempt to secure a warrant. If a warrant is issued, an initial determination about whether the individual be admitted to bail can be made.
Ultimately, if a person is held without bail or if they have to be held for a period of time until they are sober enough to leave police custody, they are taken to the Prince William County Adult Detention Center until they can provide a breath sample with a low enough blood alcohol content that they can be released. At this point, if the individual has not already, they should contact a Manassas DUI lawyer.
What Happens After An Arrest
Between the time someone is arrested and when they are released on bail, they will be transported to a police station where they will be offered a breath test pursuant to Virginia’s implied consent laws. Once the breath test is performed, they will be brought in front of the magistrate and at that time, the police officer will recite the facts of the case that he or she has observed to the magistrate.
At that point, the magistrate will issue whatever arrest warrant or warrants they deem proper and the officer will immediately serve the individual with them. The last part of that process is that the magistrate will make an initial determination about bail.
Difference Between Central Booking and Jail
The police station where a person is booked after a Manassas DUI arrest, refers to the location where they are processed, fingerprinted, have their pictures taken, and where they go in front of the magistrate. Central booking refers to the location where all of these administrative procedures take place.
In some instances, all of those things are done at the adult detention center where the jail facility is located. In other cases the booking process takes place at a different location. This is the difference between central booking and jail. If the person is to remain incarcerated they are transported to the jail which, in Manassas, is the adult detention center.
Jail-Related Penalties for DUI in Manassas
Beginning with the arrest process, when a person is placed under arrest for DUI, they can be held in jail until they are sober which can be as much as twenty-four hours in some cases. In terms of the jail penalties, how much jail time and whether jail is available depends on what kind of DUI, the person’s blood alcohol content, and their record. Consulting with a local Manassas DUI lawyer can be helpful in understanding the nature of the penalties a person might be facing, and how to combat them.
For a first time DUI offense, where the blood alcohol level is no more than 0.14 percent BAC, and there are no other aggravating factors, a person does not face any active jail time, but rather receives a suspended jail sentence which they do not have to serve unless they violate the terms and conditions of the court’s order.
However, for any case where a person has at least 0.15 percent BAC in Virginia or for any case that is a second or subsequent DUI, there are minimum mandatory jail sentences of at least five days. These numbers go up as a function of how many prior DUIs the individual has and what their blood alcohol content is on the current charge.
A mandatory minimum refers to a law which states that when an individual is convicted of a certain offense, the judge must impose minimum mandatory terms. For example, when a person is convicted of a first offense DUI and their blood alcohol is 0.15 percent BAC; the Virginia legislature mandates that a court must impose a jail sentence of five days. It is very specific that the judge does not have the power to suspend or not give that amount of jail time. When there is a conviction on that charge there are certain penalties that must be imposed. The penalty that people are most familiar with is jail time, but there are also other mandatory penalties such as minimum fines.
Medical Needs in Jail
Basic medical needs will be met at the jail and it is a requirement that the jailer either provide first aid to a defendant who is in need of it or transport them to a doctor or hospital for medical care if necessary.
However, there is often a delay between the time when someone is arrested and when the necessary drugs can be brought to them at the jail as there is a screening process for what can be brought in and under what circumstances.
What If An Individual Needs to See a Doctor?
If an individual needs to see a doctor, they should clearly state to the jailer what their symptoms are, what they are suffering from, along with any previous diagnosis that they have had. The jailer should then make a determination about whether medical care is needed and will hopefully err on the side of caution in providing whatever medical care is necessary or transporting the individual to receive medical care from the doctor.