Jail Following a Hampton Roads DUI

In Hampton Roads, as in the rest of Virginia, after an arrest, the police will take someone to the nearest police precinct to be processed for a DUI. Jail following a Hampton Roads DUI can be overwhelming, which is why it is important for those who have been arrested to avoid talking to the police until they have contacted their attorney. A determined DUI lawyer could protect an individual’s rights and work diligently to get them out on bond. If an individual has been arrested for a DUI, they should speak with an experienced legal advocate that could begin building their case.

Jail and Central Booking Explained

Jail is where a person is physically held, whereas booking is where someone is taken immediately after being arrested. It is where all of the paperwork is processed before the person is taken in front of a magistrate. Every area has its own particular place where those arrested for DUI offenses are fingerprinted, and potentially subjected to accumulated breath tests.

Process of a DUI Arrest

After a person is booked, they are taken before a magistrate who reviews the person’s criminal history and the facts before determining the bond to be set. If a person is ordered held without bond, they are taken to jail.

Between an arrest and being released on bail, a person can expect to be fingerprinted, searched, and denied the right to make a phone call until after they have appeared before a magistrate. Only after the bond is determined will the person be allowed to make a call.

Expectations of Jail

Expectations of jail following a Hampton Roads DUI seldom compare to the real thing, because jails can vary greatly from city to city. Seven Virginia cities have their own lock-ups and holding cells. Most are small and not the friendliest of places, usually holding more than one person. If a person is arrested for a DUI, they will be given the opportunity to take a breath test at the jail. If they refuse, that could lead to a separate charge.

The jail environment a person will face depends on the jail. Some are worse than others, less friendly and more intimidating. It also depends on when a person has been arrested, such as on a very busy night.

Medical Resources in Jail

People may wonder about whether they will have access to medical attention in jail following a Hampton Roads DUI. Jails usually have a doctor in their employ, or a nearby medical facility if care is needed. Often, if it is a serious issue, a person will be taken to a hospital for medical attention.

If the arrested person is considered to need to be seen by a doctor, and it is urgent, they will be taken to one before being taken to jail for processing. They either will take the person to a doctor or will help them get treatment in some other way.

Jail-Related Penalties for DUIs

Jail-related penalties for DUIs depend on the circumstances of the charge. If a person is charged and convicted of DUI they run the risk of receiving a jail sentence. If a person’s blood alcohol is over a certain level, there is a mandatory minimum amount of jail time they will receive.

Minimum and Maximum Sentences for DUI Offenses in Hampton Roads

Virginia law stipulates the mandatory minimum sentence according to the circumstances. If a person’s blood alcohol level is over 0.15, mandatory jail time is required regardless of whether it is the first offense. For second and subsequent DUIs, other mandatory jail times are required.

A person may be held in jail following a Hampton Roads DUI for a matter of hours or overnight, depending on the circumstances. It could be just a few hours until the person is processed. They could be held overnight to give them an opportunity to sober up. If given bond, they may be released as soon as bond is arranged. The maximum amount of time a person can be held in jail in Hampton Roads for a DUI is 12 months.