What to Expect After Being Arrested For a DUID in Henrico County
The main thing an individual needs to know regarding a DUID charge is what the state must prove to get a conviction. Not only does the state have to prove that an individual was driving while impaired, but furthermore they have to show through a blood test that drugs caused the impairment. Individuals charged with a DUID in Henrico have to understand this process. They should be aware that they will be tested at the scene, they will be taken to a hospital for a blood test, and they will then be charged if the officer believes there is significant impairment resulting from the failed field tests.
Immediate Effects of a DUID charge
What an individual should expect immediately following a DUID charge is actually very similar to a DUI alcohol charge. An individual can usually expect to be released on bond after the arrest. If it is a first offense, that person can expect to lose his license immediately for seven days and then the case will be set for trial. Individuals need to understand that this is a misdemeanor charge and they should obtain a Henrico county DUI attorney.
What Are the First Steps in a DUID case?
If someone is charged with a DUID, they will be taken to jail and brought before a magistrate. The magistrate will then set the bond. If that individual is so impaired that the magistrate cannot set bond, he will go before a judge the following morning to be arraigned. At that point in time, they will set a trial. The individual can advise the court as to what he wants to do about a lawyer—whether to get court-appointed counsel or retain his own—and then the matter will be set for trial. At that point in time, it is usually best to contact an experienced DUID attorney so they can begin a proper defense of the case.
Consenting to a Search
An individual does not have to consent to a vehicle search in a DUI stop. If an officer arrests a person on suspicion of DUI, they can search the vehicle without consent. If arrested on the scene, the officers will conduct what is called an investigatory stop where they will basically search the vehicle to determine what is inside of it. They will do an inventory and anything found in that—if it is illegal drugs, prescription, or otherwise—can be used against that person.
Defense Strategies for a Charge of Driving Under the Influence of Drugs
The best defense strategies for a charge of driving under the influence of drugs is varied; There are actually many viable options. One method is to challenge the traffic stop. In other words, was there probable cause for the officer to stop the individual in the first place? It is good to review the tests that were conducted to determine if there was any impairment. Did the officers conduct any test that in fact showed the individual was impaired in any way? Then, the DUID attorney might wish to have the blood test reviewed—how it was conducted and how the blood was handled. Lastly, the defense might examine the results of the blood test and consider how to challenge them.
Contacting an Attorney
A person can typically contact an attorney immediately upon release. This is usually the recommended time for doing so. Individuals are given one phone call, typically from the jail, where they can contact someone. Usually it is recommended they contact a family member or somebody that can obtain bond, and then, immediately upon release, it is best to contact a local Henrico County DUID attorney.
