What To Expect From the Norfolk DUI Arrest Process

The following is taken from an interview with a Norfolk DUI lawyer as they discuss what you should expect from the DUI arrest process. For more information call and schedule a consultation with an attorney today.

What Happens After Someone is Arrested For DUI in Norfolk?

If you are pulled over and taken into custody for driving under the influence here is what you can expect to happen:

You Will Be Taken to Norfolk City Jail

In Norfolk, after someone is arrested for a DUI, they’re taken immediately to the Norfolk City Jail which is one of the older jails in this area and it’s a pretty terrifying place to be.

You Will Be Given A Breathalyzer and Booked

Once they get to the jail, then they’re going to be given the breathalyzer test after they’re booked.  Usually being booked means that you have to give your finger print, you’re searched, your mug shot is taken and you have to give all of your personal information like your name, address and phone number.

Then the defendant will be placed into a holding cell where they will wait for whatever period of time is deemed to be necessary.  At this point, after the waiting period, they’ll be brought in front of the magistrate who will determine whether or not they should be granted bail.

Granted Bail

For DUIs, generally, they’re always granted bail unless they have some prior records that would indicate that they’re a flight risk or there is some other type of evidence to suggest so.  Once they are granted the bail, then to be released, the bail needs to be posted.  If they aren’t granted bail, then they stay in custody until their arraignment or until they can get a second bond hearing arranged by an attorney.

Can You Refuse To Take A BAC Test in Norfolk?

Virginia and in Norfolk follow the implied consent rule, which means that if you have a driver’s license in the state, then you have implied that you consent to submit to a BAC test at any point where you’re required to do so. So while they’re not going to force you to take a BAC the consequences of refusing can make your DUI trial a little bit more complicated. A conviction for a DUI refusal is mandatory 12 months suspension of your license with no restricted license available. This is a consequence that a lot of people can’t live with, so it’s usually a good idea just to take it.

When Should An Individual Contact An Attorney For a DUI Case?

You will be able to contact an attorney as soon as you have been processed at the jail and brought in front of a magistrate. At this point, your bond will either be granted or denied, so it is important you have an attorney who can advocate on your behalf. Additionally, DUI cases can be very complex and you don’t want to waste any time that your attorney could be getting evidence and starting a strong defense for you.