Your Virginia Legal Team

Following a Prince William County DUI Arrest

During the first 10 days following a Prince William County DUI arrest, a person is going to need to compile evidence and begin building their defense. The person may lose their license if they are arrested for drunk driving, A person cannot drive if their license is administratively suspended. The problem is that there are times that they can challenge probable cause but for all and intents and purposes, there is not going to be enough time for them to get the evidence in order to do so within that 10-day period. They cannot drive unless the court grants them the ability to drive. A person should attain an experienced Prince William County driving under the influence attorney.

Challenging a License Suspension

Somebody can challenge the suspension of their license in Virginia before the by challenging the probable cause in the case. They can potentially challenge whether or not there was probable cause for an arrest even before the case goes to trial to try to challenge the administrative suspension period. They can also challenge, for example, if they are not going to be heightened administrative suspension so if they are suspended for much more than the initial, like their second or third DUI, then they can challenge the validity of it being their second or third DUI. They can challenge what they were charged with. They can say that there are DUIs that do not count in an effort to get their license back a little bit quicker as they are waiting for trial. These are things that they can potentially do but it is going to need in front of the judge for a probable cause hearing.

The attorney would put on a motion to challenge the license suspension in relation to the case. The attorney would basically argue there is not probable cause. There was not enough probable cause to arrest on someone on these charges or the attorney will argue that this does not count as a second in five as it is charged under Virginia law.

Obtaining a Restricted License

Someone can petition for a restricted license in Virginia through the court that imposed their license suspension or through, it depends on where their license is suspended. Let’s start there. Their license is suspended because of fines or court costs or an out-of-state license suspension that transferred over to Virginia. Then, they could petition for a restricted license in the circuit court of the area of the circuit court or the general district court depending on what the reasoning is for the jurisdiction that they live in. If somebody is suspended because of a conviction, then they need to petition the court where they were convicted in that jurisdiction.

Benefits of an Attorney

A person should call an attorney. That is something that is first and foremost that they should be doing. They need to find an attorney because an attorney is going to be able to help them decide what their next steps are, what is going to be happening with the case and what they could start collecting in order to build up a defense in the case. They do not want a lot of the evidence to go to waste or to disappear while they are waiting to find an attorney. The 10 days following a Prince William County DUI arrest is an essential time period for someone facing drunk driving charges.

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