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Dale City DUI Case Process

Dale City DUI cases are taken seriously and prosecuted vigorously. DUI laws are heavily enforced because the danger of a driver under the influence is very bleak for the rest of the citizens of Dale City. Law enforcement makes an effort to keep intoxicated people off the road and to look for them actively. If you are facing DUI charges, it is important to have a Dale City DUI lawyer representing you.

DUI charges are generally brought to court quickly, so it is important to get a Dale City DUI lawyer immediately to help you effectively navigate these charges and preserve your freedom and privileges.

Step by Step Process

After an individual is arrested in Dale City, they are taken immediately to the Prince William County jail where they are going to be processed.

Once they get to the jail, they are going to be put into a holding cell. Their picture and fingerprints are taken along with other information. They are going to be in a holding cell so that the officers can try to administer a breathalyzer test to the individual if it is an alcohol case. They will take them to a hospital or clinic to get a blood draw if there is a fact needing a blood draw.

Refusing Breath Tests

It is anybody’s right to refuse. The law in Virginia is that if a person receives a breathalyzer test at the station and there was probable cause to arrest them and the arrest was good, they will be charged with what is called “civil refusal” for someone’s first time and “criminal refusal” for their second or subsequent time.

Refusal is a generalization of the Virginia Code. It is basically a contract between Virginia drivers and the law of Virginia, which says that if anyone is driving on the highway, they consent to allow themselves to be breathalyzed if they are arrested for a DUI.

Case Factors

How long a case lasts depends on the case. If it is a blood docket, which means that blood evidence is being introduced to talk about a person’s BAC, it could take longer. If it is not a blood docket, it could be a couple of months. It is not going to be more than a year for a misdemeanor.

The sentencing is going to depend on the facts of a client’s case, but the sentencing will be by the same judge that first heard the client’s case.

Dale City DUI cases are heard in General District Court. They are always bench trials the first time. Unless it is a felony DUI or a third offense, it could be a jury trial.  Misdemeanor cases appealed to the Circuit Court also may be heard by a jury.

Evidence

During the DUI case process in Dale City, a prosecutor needs to prove that an individual was operating a motor vehicle on a highway in Virginia and that the individual was under the influence of intoxicants at the time.

Usually, evidence of intoxication is behavioral evidence, performance on the FSTs, the breathalyzer results, and the officer’s observation or witness observations that the individual was driving at the time of the offense.

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