After you’ve been stopped for suspicion of DUI you should expect you will face a battery of questions from the investigating officer. These questions may include biographical questions regarding your name, where you are coming from, and where you are going. They may also include questions about your consumption of alcohol and when you had your last drink.
Below, is more information on what you can expect according to a DUI lawyer in Leesburg. Call today to schedule a free consultation.
The officer may also ask you to perform field sobriety tests. In Virginia, you cannot be compelled to perform field sobriety tests. Field sobriety tests are voluntary and may be refused without penalty.
In addition, the officer may ask you to take a preliminary breath test, often known as a PBT. The PBT is solely used for determining whether or not there is probable cause to make an arrest. It cannot be used against you to make the ultimate decision of guilt or innocence; however, there are few circumstances in which you should submit to a PBT.
If, after making his determination that probable cause exists the Town of Leesburg officer or Virginia State Trooper decides to place you under arrest, you will be transported to the Loudoun County Adult Detention Center.
If you’re arrested for a DUI in the Town of Leesburg, or anywhere else in Loudoun County for that matter, you will be taken to a Loudoun County Adult Detention Center. The Loudoun County Adult Detention Center houses both the jail and the primary office for the magistrate that handles Loudoun County, Fauquier County and Rappahannock County.
At the Loudoun County Adult Detention Center, you may be taken to a breath room to submit to a breath test or you may be taken before a magistrate. If you are taken for a breath test, you’ll be read a statement regarding the Virginia implied consent statute and asked to submit to the breath test on the ECR/II machine. If you refuse to take this test there may be other repercussions, including the charge of unreasonable refusal under Virginia Code Section 18.2-268.3.
After the breath test is completed you will be taken before a magistrate for making an initial determination on bond. When you’re taken before the magistrate the officer will read a brief statement of why he or she placed you under arrest. Then, the magistrate makes an additional determination on whether or not bond is appropriate at that time. If you are intoxicated at the time of your arrest the magistrate may decline to grant bond until you have reached sobriety.
After you’re taken to the Loudoun County Adult Detention Center, given a breath test, and taken before the magistrate, you will typically be held until you have reached sobriety. After you have reached sobriety, typically defined as blowing 0.00 on a PBT administered by a jail staff, you’ll be taken before the magistrate and the terms of your release will be discussed.
If you do not have an extensive criminal record and this is your first DUI event, the bond may be a personal recognizance bond, an unsecured bond, or a small secured bond. Secured bond means you need to contact a bail bondsman to pay an amount of money to secure your release. An unsecured recognizance bond typically means that you may be released upon your signature and promise to appear in court. You will then have to contact someone to pick you up.
If the magistrate denies your bond initially or sets a bond with such terms that you cannot meet, it may be necessary to contact a Leesburg attorney to help secure a reasonable bond. Virginia Code Section 19.2-120 covers reasonable bonds and under what conditions a reasonable bond shall be set by the court.
If you are not given a reasonable bond, or not given a bond at, all it is important to contact a Leesburg attorney as soon as possible to walk you through the steps of securing a potential bond. Bond motions enjoy priority on the docket. This means that you will be able to have a bond motion heard upon 24 hours’ notice in most circumstances.
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