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What Should I Expect from a Henrico DUI Case?

If you or someone you know has been charged or arrested for driving under the influence, you may be unsure about what to expect from the legal process. For this reason, below are frequently asked questions on the general expectations for a DUI case taking place in Henrico County.

What is The Process of a DUI Case?

In Henrico, it is very dependent on the severity of the DUI. If it’s a DUI involving a low blood alcohol level, you can be arrested and released late they night. If a high blood alcohol level or a subsequent offense you’ll be held until you can be arraigned before a judge and receive a bond.  At that time the Court will provide a Court date for trial.  At trial, the Court will determine guilt or innocence and your sentencing.  The process can move very quickly.

What Should Someone Expect From The Court System in Henrico?

I always tell clients that Henrico is very strict on DUIs. They look for high enforcement and it’s a zero tolerance policy there, so they will enforce the penalties to the letter of the law unless there is some agreement with prosecutors or a good legal argument. Judges will not just simply reduce these or limit it, they will enforce what the statutes allow and in many of those cases that comes with an active jail sentence.

Where is DUI Case Typically Heard?

Actually right next door to the county jail is the Henrico County Courthouses, both the circuit court and the general district court.  DUI cases are heard in the traffic courts on the first floor in  Courtrooms 1-4.   They are heard on the 930 or 1100 a.m. docket.

Where Are Driver’s License Proceedings Heard in Henrico?

These are also heard in the General district court building, in any of the 4 courtrooms.

What Should Someone Expect From The Hearing Process?

Administrative hearings are requested to release a seven or sixty suspension of a license due to a charge of DUI.  Judges are reluctant to release these suspensions unless there is very strong evidence that either the probable cause for the stop was in error, that there was an issue with the test, that the magistrate made an error and/or that the issue of a prior conviction, the validity of a prior conviction is in question.

How Are Continuances Handled in Henrico?

Continuance requests can be made in person or by agreement with the Commonwealth Attorney. Whether this request is granted will depend on how long the case has been pending and if prior continuances have been granted before.

Does Henrico Have Any Special Laws Pertaining to Restricted Driving Privileges?

They don’t have any special laws; however the judges do have particular requirements. Most of the judges will only allow for a six-day restricted license unless there are particular circumstances that require seven days a week. Judges will ask for documentation to support claims for wide privileges for to/from and during work. The Judges are also particularly harsh on those who violate the terms of their restricted privileges.

Why Do Clients Choose to Work With You on Henrico DUI Cases?

I think it comes from the experience.  I’ve been handling DUI cases for over thirteen years now. I’ve handled rather simple DUI cases to very aggravated cases throughout the state, many of them in Henrico.

I have a familiarity with the judges in Henrico as well as the prosecutors who handle these cases. Knowledge of a particular county and their procedures and policies can be invaluable, and I have that in Henrico.