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Henrico County DUI Arrest Process

After arrest in Henrico County, the individual is taken to the police station for their blood alcohol level to be tested. Either the arresting officer or another officer operating the machine at the station will conduct that test. A DUI attorney in Henrico discusses the arrest process for a DUI in Henrico County.

Arrest Process in Henrico

Once you’re taken to the station, the officer will advise you of your implied consent under Virginia law. This is the law that provides that by operating a vehicle in the state of Virginia you impliedly consent to be tested for drugs and/or alcohol.

The officers will then monitor you for about 20-30 minutes to make sure you do not burp or vomit.  The officer will then explain how the machine operates and ask you to blow into the device.

They will take a minimum of two samples and possibly more if there is an issue with the sample. If the sample shows a blood alcohol level of a 0.08 or higher you will be charged with DUI and brought before a magistrate. In addition, obviously if the blood alcohol level is a little lower than 0.08, they can still attempt to charge based on your field tests, behavior, and driving.

Can You Refuse To Take a Breath Alcohol Test in Henrico?

You can refuse to take a blood alcohol test. However if you refuse to take a test you will be charged with refusal.  A first offense refusal is a civil offense but a second or third offense or charged in connection with a DUI second or subsequent offense is a criminal charge.

Consequences of a Breathalyzer Refusal

Refusal in the state of Virginia and in Henrico County for a first offense is what is considered to be a civil offense, which it comes with a one-year loss of license for which you would not be able to go for a restricted license. If it is a second offense, or it’s a refusal in connection with the second offense DUI then it becomes a criminal charge, a misdemeanor charge with the possibility of jail time, but also a three-year loss of license again for which you cannot get a restricted license.

When Should You Contact an Attorney?

An individual should contact an attorney as soon as possible. Your first opportunity to contact anyone will be after you’re charged with the magistrate. Most individuals do that to contact a family member. Immediately upon release, you contact a local attorney to assist you in your defense.  It is very important to retain counseling immediately so that they can begin preparing your defense.

Can You Get a Lawyer For a Bond Hearing?

Yes, you can retain counsel for a bond hearing. An attorney will typically know kind of what issues to bring forward to get your bond reduced or even in some cases to get your bond amended to a PR bond or unsecured bond, so that you don’t have to put up funds for it.

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