What to Expect From a DUI Case in Virginia Beach

In order to best prepare yourself for facing a DUI charge in court, the following is information on what you can expect from the Virginia Beach legal process if you’ve been charged with driving under the influence. To learn more or to seek legal representation call a Virginia Beach DUI lawyer today to find out what an experienced attorney can do for your case.

Someone arrested for the first time should expect to be taken to the police station. Once there, they can expect to be asked to blow into a Breathalyzer device. Virginia has an implied consent law which means that if you’re arrested for a DUI by an officer with probable cause for the arrest, then you automatically consent to taking either a blood test or a Breathalyzer test in order for your blood alcohol content to be determined.

This is required to take place within three hours of your driving. Usually the breath test is standard, but on some occasions the blood test will be used instead. A refusal of this test can be used against someone in court and result in a one year license suspension. While the first refusal is not a crime if you’re arrested for a DUI again within ten years and you refuse to submit to a Breathalyzer or blood test again, then it will be on your criminal record as a misdemeanor.

Someone arrested for the first time can also expect to be finger printed and ask a series of general identification questions. Then, they’ll be released and the court process will begin with the arraignment.

What Should Someone Expect From The Court System in Virginia Beach?

In Virginia Beach, there is no leniency for DUI offenses and in order to beat such a charge, you are definitely going to need a knowledgeable attorney.  The commonwealth attorney’s office has a pretty strong policy of not accepting any plea deals for DUI cases.

The court system in Virginia Beach is fair, but the conviction rate is also very high and the penalties are harsh. There is no tolerance for driving under the influence and someone charged with the DUI can expect the judge to let them know of that and to lecture them about the risk that not only they put themselves in, but also the risk to the community and to innocent lives.

How Are Continuances Handled in Virginia Beach for DUI Cases? Are They Likely to be Granted?

Typically each side is granted one continuance and only if good cause is shown and they have to be granted by the judge. Whether or not they are likely to be granted depends on what reason the continuance is being requested for.

If the client just wants to postpone the case and doesn’t have a good cause, then the chances are slim. It also depends on how many continuances has been previously granted because judges don’t like to extend the case continuously over and over again.