What Happens After a DUI Arrest in Newport News?
If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Newport News, you know it can be a frustrating experience. Most importantly, you need to remember that being arrested and charged does not mean you will be convicted. If you want to discuss your options, you can schedule a free consultation with a DUI attorney by calling our office.
Below, a Newport News DUI lawyer answers some questions about what someone can expect after being arrested for DUI/DWI in Newport News.
What Happens After A Newport News DUI Arrest?
If someone is arrested for a DUI for the first time in Newport News they can expect to be taken to the police station first. Once there they will be asked to blow into a breathalyzer machine either for the first or second time depending on if they were asked to do so at the scene of the incident.
Virginia’s Implied Consent Law makes it so that if someone is arrested for a DUI by a law enforcement officer with enough probable cause to make the arrest then they automatically consent to provide a blood test or take a breathalyzer to determine what their blood alcohol content is. The test has to be administered within 3 hours of the offense.
The standard test is the breathalyzer but sometimes a blood test can be taken instead or in addition to it. Refusing to take this test at the station may be used against someone in court and it can also result in a license suspension of one year. The first time someone refuses is not technically a crime but within 10 years if they are arrested for a DUI again and then refuse again it is charged as a Class 1 misdemeanor.
If someone is arrested in Newport News they also have to answer routine identification questions such as their name and address and also have their fingerprints taken and put into the system. After the process is complete they will be released and then the next step is the arraignment.
Where Are DUI Cases Heard in Newport News?
DUI cases are heard in the Newport News General District Court unless the defendant is arrested on the Military Base and then the Federal Court House is where the DUI proceedings will take place. Generally unless they are on some sort of Federal property it is the Newport News General District Court.
Can You Get a Continuance for DUI in Newport News?
The judges in Newport News will usually grant at least one continuance per side without much question as long as there is good cause shown. After that it really depends on the reason for the continuance as they don’t like to see cases continue to be pushed back for no good reason.
Are Continuances Likely to Be Granted in Newport News DUI Cases?
It just depends on the reason and how many continuances have been previously granted. Generally it is not difficult to get a continuance especially if there is something in the attorney’s schedule that is a conflict or the other attorney’s schedule or something like that. But if they are just pushing it back to push it back then the continuance will likely be denied.
Where Are DUI Driver’s License Proceedings In Newport News?
In the Newport News General District Court at the exact same hearing of the DUI. There is no DMV hearing involved at all.
