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the Cuff: A Guide to Arrest and Judicial Process
www.onlinejailservices.com
Arrested for DUI or DWI?
BRIDGES Bail Bonds, Inc.
Things You Should Know
What is a DUI? Virginia law prohibits you from driving a vehicle while under the influence of alcohol or drugs, or if your ability to drive is impaired by alcohol or drugs. These offenses are abbreviated as “DUI” and “DWI”. A person is presumed to be DUI if a blood or breath test shows a blood alcohol content (BAC) level of at least 0.08.
What is a DUI Per Se?
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Under 21 and Charged with DUI? It is illegal for anyone under the age of 21 to drive and consume alcohol. You are charged with Driving After Illegally Consuming Alcohol if are under 21 and driving with BAC of 0.02 but under .08. This constitutes a class 1 misdemeanor violation and puts “points” against your driving record.
DUI Per Se means that your blood alcohol content The Roadside Sobriety Test (BAC) was determined to be .08 or greater. This fact was evidenced by the breath, urine or blood The Standardized Field Sobriety Test (SFST) is a series of tests administered and evaluated by a test(s) that you took. law enforcement officer to obtain valid indicators of drug or alcohol impairment and to establish I Got a Ticket for DUI: What Does This probable cause for an arrest. The results of an SFST Mean? could be used to obtain a criminal conviction against you! A ticket for a DUI is notice to appear in Court. It contains the time and place you must appear before a Judge or Magistrate in a Court of Law. Upon conviction there will be criminal penalties imposed by the Court such as fines and community service, and civil penalties set by the DMV.
Your Bridge To Freedom!
Out of Jail, What Should I do Next?
You should request a DMV Hearing within seven (7) days of receiving a ticket (Notice of Suspension) for a DUI or a DWI. You can request a hearing at your local DMV Customer Service Center in Manassas. The DMV will give you an appointment to speak with a Hearing officer (usually by phone).
You may be required to request a DMV Hearing as indicated on your ticket or by notification in the mail. You have seven (7) days to comply, or your right to that hearing will be waived.
Some DUI attorneys offer a free consultation. They can explain your options
Can I drive home? NO! Being arrested for a DUI triggers an automatic 7-day license (ALS) suspension of your driving privileges. If this your second DUI, your driving privileges will be suspended for 60 days.
DWI or DUI?
What if I Refuse? Drivers in Virginia are required to give blood, urine, or breath tests if requested to do so by a law enforcement officer who has probable cause to believe that you are DUI, or DWI. Refusal to take the test will result in an Automatic License Suspension (ALS) for 7 days on your first offense, and longer for multiple offenses..
A blood or breath test which shows a blood alcohol level of mare than 0.05 but less than 0.08 may be used as evidence that you were DWI. A DWI is a lesser offense but a conviction still has criminal consequences and adds “points” against NOTE: A DUI or a DWI can be proved in a Court your license. of Law by other means, i.e., SFST, statements, behavior, and driving.
Driving under the Influence of Drugs.
In Virginia, it is illegal to drive if you meet the legal definition of being “under the influence” of drugs. The Law considers you to be under th influence of drugs if your ability to drive is “impaired.”
It makes no difference whether the drugs causing this effect are illegal drugs, or lawfully obtained prescription drugs.
Automatic License Suspension occurs for (7) days when; you receive a DUI or refuse a breath or blood test
I Blew Over a .15
A conviction for driving under the influence of You may be subject to greater penalties if the drugs carries the same penalties as a DUI! test shows a BAC level of at least 0.15. Even if this is your first offense, you will be required to use A DUI charge can also be based on a combination an ignition interlock for not less than six months, of both alcohol and drugs. If your ability to drive and serve (5 ) days in jail. was “impaired”, no specific blood level of either
I Believe I am Innocent! What Can I Do to Save My License? •
First and foremost, hire an experienced attorney. There are many factors to consider.
• Request a hearing and request the officer’s presence. It will give you a preview of a trial, a rarity in criminal cases. The officer who signed the affidavit and notice of hearing must show up and justify the suspension. Other officers may be subpoened.
• Retest the sample. Testing errors could help prove your innocence.
• Check the labeling of the sample. It must be identified as being yours.
• Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.