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There are many procedures that take place following an arrest for a Chantilly DUI. These can sound minor to some, such as an overnight stay in jail and a release on an individual’s own recognizance, however, the fallout of a DUI conviction can carry hefty penalties and heavy burdens to the individual charged, so abiding by the proper procedures can help your case.
Therefore, if you have found yourself charged with a DUI, it is of the utmost importance to contact a Chantilly DUI attorney immediately. Only they will be able to confidently assist you in lessening the penalties associated with your case, and help you receive the justice you deserve.
Once an individual is placed under arrest, a breath test will be given. Then an individual will be booked and held at the Fairfax Detention Center either overnight or until they are able to sober up. At that point, the individual may be let go on their own recognizance. However, if the person has a criminal history or the facts of their case are particularly bad, the person charged will have to stay until there’s a bond motion put out for that person.
The amount of time an individual spends in jail depends on both the size of the jail and the facts of the case because the procedures following a DUI vary for each individual and circumstance. For instance, if a person has no criminal record, is not intoxicated, can be released on their own accord, the jail is slow that night, and the processing happens in a timely manner, he or she could be released within a few hours. If they come in late enough, they won’t be released until the next morning. If they arrive earlier in the day, they may be released on the same day.
If an individual refuses to a breath, blood, or urine test, there are certain procedures that will be followed. The individual’s license will be suspended for seven days, and they will be facing either a civil or criminal charge depending on the facts of their case, and their criminal record.
If somebody refuses one of these tests for the first time, their license will be suspended for seven days and they will face a civil charge. If the person refuses continues to refuse these tests for a second or third time, they will also have their license suspended, but will face a criminal charge.
Implied consent is a Virginia law that states that anyone who is driving on a highway in the State of Virginia, by virtue of driving on the highway, agrees to submit to a breath test or other testing of his or her blood alcohol levels. This is a standard procedure following a Chantilly DUI. It is enforced only if there is probable cause to make an arrest for driving under the influence.
Implied consent is applied to DUI cases in the manner that, when an individual is arrested for a DUI, they will be asked to submit to a breath test. If they say “no,” they are violating the implied consent contract that they figuratively signed and agreed to by driving on a Virginia road.
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