If you or a loved one have been arrested for driving under the influence (DUI) of drugs or alcohol, there are likely many questions about what to expect after a DUI arrest in Mecklenburg County. The time immediately after an arrest is busy, and often distressing, but it is essential to say nothing you are not legally required to and to retain a lawyer as soon as possible to protect your rights. An experienced DUI defense attorney could guide you through the post-arrest process, ensuring there are no surprises, and help you avoid legal pitfalls.
Immediately following the DUI arrest, drivers will be assessed if they need medical attention, and then taken before a magistrate. That magistrate will determine whether there was probable cause for the arresting officer to be granted an arrest warrant. The magistrate will also determine whether or not a driver will be released on their own recognizance, or bond (they will also determine how high bail will be set). The police at the station will then administer an official breathalyzer test or draw blood to determine the driver’s blood alcohol content (BAC)
An individual is always within their rights to refuse a BAC test in Mecklenburg County. However, because of implied consent laws, if they do not have a valid reason for the refusal, the driver will receive a civil charge a license suspension for one year. Whenever someone operates a motor vehicle on Virginia roads, they give implied consent to law enforcement to be tested for intoxication or impairment.
Drivers can expect to be held in custody until they are deemed sober enough to leave on their own, or a sober person is able to pick them up from the station. If bond is set by the magistrate, the defendant or the sober person coming to pick them up will need to post the determined amount of money with the state to incentivize the accused to show up to their court date. If a driver or their loved ones cannot afford the bond set, they may contact a bail bondsman to get a front for that money, or otherwise, remain in jail.
Immediately following a DUI arrest, their driver’s license is suspended for seven days administratively. It is very important that they not drive during that time because that would result in a new misdemeanor charge that might lead to additional jail time. It is also imperative during the 10 days following the arrest to contact a DUI defense attorney as soon as possible (if one has not already been retained) so the attorney may begin preparing the defense to try and achieve the best possible outcome.
If someone has been arrested for a DUI, they are not going to be able to challenge the seven-day administrative suspension of their license. Additionally, they cannot obtain a restricted license until those seven days have passed. The administrative suspension is just part of what to expect after a DUI arrest in Mecklenburg County.
An attorney could advise the defendant on how to move forward before trial, begin the discovery process for gathering evidence, start the process of independent analysis of the driver’s blood, and initiate a bond hearing if the defendant has not already been released.
As soon as you have the ability to call an attorney, it is advised that you do so. Whether you are able to make a call during the traffic stop, or only once you reach the police station, the sooner you are able to get a criminal defense lawyer by your side, the sooner they can get to work defending you. Call a local criminal defense lawyer today to learn what to expect after a DUI arrest in Mecklenburg County.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.