An officer must have
probable cause to pull you over. Probable
cause is usually demonstrated through erratic driving such as swerving,
speeding or violating simple traffic laws.
Officers are also able to question drivers as to whether they had been
drinking at the scene of an accident, regardless of whose fault the accident
was. Occasionally officers will set up
formal check points in order to screen all drivers for signs of intoxication.
Once you are pulled over you should expect the
following events:
1. You
will questioned as to whether you had been drinking, how much you had to drink,
and when you had your last drink. The
question regarding your last drink is very important in cases where there was
an accident and the officer did not witness it.
Unless the police can show that your last drink was before your
accident, it is difficult for them to accurately determine whether you were
drunk at the time you were operating the car.
2. If
the officer wishes, he can have you perform “field sobriety” tests in order to
determine if there is further probable cause to conclude that you are under the
influence of alcohol. The tests include
the Horizontal Gaze eye test, the Walk and Turn, and the One Leg Stand test. If you perform poorly on these tests, the
officer may arrest you under suspicion of drunk driving.
3. Upon
arrest, you will be handcuffed and taken to a location to provide a sample of
your breath for analysis. If the reading
is .08 or above, there will be a presumption of your guilt. If you refuse to take the Breathalyzer test
your driver’s license can be suspended for 1 year, even if you are subsequently
found not guilty. It is also important
to know that even without the breath test, the prosecutor can still go forward
and use the results of the field sobriety test against you.
4. If
you are arrested for drinking and driving, the police will take your Virginia
license for a one week administrative suspension. Your license will be returned after that
time, and you will keep it without restriction until a court makes a final
decision on your case. If you have a
license from another state, the Virginia police cannot take your driver’s
license away.
5. After
you are arrested, you will be held in county jail until a magistrate makes a
decision on whether to issue a bond in order for you to be released.
6. If
you speak only a language other than English, such as Korean, Chinese or
Spanish, the officer must obtain an interpreter to go over your rights and
advise you about what is happening during the field sobriety tests, as well as
the Breathalyzer test.
7. If
you are convicted of drinking and driving, the Virginia law mandates at least a
one year loss of license, as well as an alcohol safety class, fines, and in
some cases where the blood alcohol level is .15 and above, requires mandatory
jail.
If you have been
arrested for a DUI/DWI it is important that you consult an experienced Virginia
DUI attorney immediately because DUI is a criminal offense and carries potentially
severe penalties. An experienced
attorney can guide you through the court process and find any possible defenses
that can either mitigate the penalties in the case, or in some instances, lead
to an acquittal or dismissal.
If you or a family
member has been charged with DUI in Virginia and would like a free legal
consultation or if you would like more information on DUI or
DWI please feel free to contact our office at (703) 916-1227 to schedule
an appointment at our office in Annandale
or one of our many other offices located throughout Northern Virginia or visit
us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
