DUI Arrest Process in Henrico County
After being placed under arrest for driving under the influence there is a process that you will have to undertake at the police station. Below, a Henrico County DUI lawyer discusses this process and what you can expect at each step. For legal assistance will this type of charge, call and schedule a consultation today.
Arrest Process
After being arrested for a DUI in Henrico County the law enforcement officer will transport you to the Henrico police station and government center where you will typically be monitored from 20-30 minutes. After that period, you will be taken to the breathalyzer room where you’ll be asked to conduct the blood alcohol test.
Administration of the BAC Test
Either the arresting officer or another officer will ask you to blow into the machine several times until they get two confirmed readings. If the test comes back as a 0.08% or higher you’ll immediately be charged with DUI and taken before a magistrate, who will formally charge and then set your bond.
Your bond can be anything from a PR bond, which is simply a promise to appear in court, to a secured bond, which requires payment or collateral. The type of bond you receive will depend on the facts of your case and your prior record. If you receive no bond or are unable to make bond, you’ll be arraigned before a judge where you have another opportunity to receive bond.
Can You Get a Lawyer For a Bond Hearing?
You can get an attorney for a Henrico bond hearing. In many cases we recommend that. An attorney can often negotiate a bond with the prosecutor to help you get out. In addition, an attorney can also request that a bond be reduced or altered to allow for your release.
Breath Test Refusal
In Henrico County you can refuse to take the BAC test however, you’ll be charged with refusal. A first offense for refusal is a civil charge that comes with a 12-month loss of license for which you cannot get a restricted license. If it’s a second offense refusal or it’s a refusal that’s associated with a second offense DUI, it’s a criminal charge which carries the possibility of a jail sentence as well as three-year loss of license.
When to Contact an Attorney
An individual should contact an attorney for a DUI case either immediately after you’ve spoken with a magistrate and/or after you’ve been released. You will need a lawyer as soon as possible as preparation for a DUI charge can be very extensive as well as very technical.
