Henrico County DUI Stops
If you are pulled over and suspected of being under the influence in Henrico County, the following is what you should know in order to minimize the harm of the stop and ensure that your rights are protected. To learn more about DUI stops in Virginia or to discuss your case with a Henrico County DUI lawyer call and schedule a consultation today.
What the Typical DUI Stop in Henrico County Looks Like
The typical DUI stop in Henrico will involve the officer asking you for your license and registration. If they believe that you are under the influence of alcohol, they’ll also ask you if you’ve been drinking, how much you had to drink or if you taken any drugs.
If they then still believe you are impaired they will ask you to step out of the vehicle to perform a series of tests. Based on these tests, they’ll usually make a determination as to whether you’re impaired or not. The officers will also often ask you take a preliminary breath tests which is a handheld device they’ll have you blow into to determine your alcohol level. If you fail these tests or if you are unable to perform these tests, the officers will arrest you for DUI.
Your Rights At A Henrico County DUI Stop
During a DUI stop you have a right to remain silent. Besides providing your identifying information, you are not required to answer any questions or provide any statements to the officer. You also have to be advised of your implied consent rights. Under Virginia law, the Officer must advise you of the implied consent provisions which state that by operating a vehicle in the state Of Virginia you impliedly consent to be tested for drugs or alcohol.
Do You Need To Consent To A Vehicle Search At a DUI Stop?
An officer will always ask for consent to search your vehicle but in some cases they do not require your consent to do so. If it’s a basic traffic stop, you can often decline an officer’s request to search your vehicle. However if you are arrested for DUI, the officers do not need your consent to search.
If it is post arrest, the officer will conduct what’s called an inventory search of the vehicle to determine what’s in it and to determine if any valuables are there especially if the vehicle is going to be towed. In addition, if the officer for example smells drugs or sees open containers of alcohol, they can use that as probable cause to search the vehicle without your consent.
Can You Ask To Speak To A Lawyer During a DUI Stop?
You can ask to speak to a lawyer during a DUI stop however you do not have a right to speak to the lawyer during a DUI stop. In most cases an officer will deny you this request which is fine as you do not have a right to speak to counsel during a stop. You will however have a chance to speak to an attorney later.
Do I Need To Be Read My Miranda Rights?
Officers do not have to read you your Miranda at a DUI stop. Miranda is only required if the officers plan on questioning you after an arrest. In many cases with a DUI, the officers may not read Miranda nor or they required unless questioning you after the arrest.
The Biggest Mistakes To Avoid During DUI Stops In Henrico County
The biggest mistakes to avoid during a DUI stop are first trying to argue with the officers. The one thing defense attorneys always tell individuals is let your attorneys argue for you. You want to be polite, cooperative with the officer during the stop.
Also, do not try and beat the tests, these tests have been designed to catch DUIs. You can be polite but also preserve your right to remain silent. Besides your identifying information, you do not have to answer the officer’s questions about where you were, how much you were drinking, etc. Typically what we advise is the less you say the better.