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Virginia DUI Defense
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What happens after a DUI arrest in Virginia?Administrative License Suspension: Your driver's license will be automatically suspended for 7 days if your breath test result was more than .08, or more than .02 if you are under 21 years of age, or if you refused to submit to the breath test. If you successfully challenge the administrative suspension your license to drive will be reinstated immediately. If you do not successfully challenge the administrative license suspension you can not drive during that 7 day suspension period. In this case your license will be returned to you when the suspension period ends. Driving during the 7 day suspension period is a serious criminal offense and if you are found guilty of doing so your license will be suspended for an additional period of time and you will probably be put in jail and fined. Arraignment : If you are held in jail and are not able to post your bond, the arraignment will be the next business day. If after being arrested you are released from jail the arraignment is typically scheduled on the day that the seven day administrative license suspension will end. At the arraignment the Court will ensure that you understand the charge against you, inform you of your right to counsel and advise you of the next court date. If you have an attorney the attorney can appear for you at the arraignment. Pre-trial Motions and Investigation : Your attorney should obtain a copy of the arresting officer's sworn criminal complaint, and should consider filing a discovery motion, a motion for exculpatory evidence and motions to suppress evidence. Your attorney should visit the location where your vehicle was stopped and where the FST's were administered. Your attorney should obtain documents showing the maintenance and repair history for the machine used to test your blood alcohol content. Finally, your attorney should attempt to discuss the case with the arresting officer as often valuable information can be obtained. Suppression Hearing: The Court may suppress (prevent the government from using) some or all of the evidence against you if your constitutional rights have been violated. If your attorney thinks your rights may have been violated, he/she must file a motion to suppress asking to Court to decide whether your rights were in fact violated. Trial: If your case is pending in either the General District Court or the Juvenile and Domestic Relations District Court, your case will be tried by a judge, as there are no juries in Virginia's District Courts. If you are not happy with the outcome of your case, you may appeal the case to the Circuit Court for a brand new trial - a trial de novo. In the Circuit Court the accused, the government, or the Court may insist on the matter being tried to a jury. In a jury trial, if the jury finds the accused guilty it will also recommend or suggest a sentence to be imposed to the Court. Sentencing: If you plead guilty or are found guilty of DUI after trial, the Court will impose a sentence which will include a suspension of your license/privilege to drive. You may or may not be eligible to obtain a restricted license to drive for limited purposes. In addition to a suspension of your license/privilege to drive, sentences typically involve imposition of a jail sentence which may or may not be suspended, assessment of a fine, and completion of an alcohol treatment/education course. In some cases, an ignition interlock device that measures BAC will be installed in your vehicle. This device requires you to blow into the device before starting the vehicle and periodically while driving the vehicle.
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