Police Officer Stands Next To A Car He Pulled Over

What Happens When You Get Pulled Over for a DUI in Virginia?

Being pulled over for suspected driving under the influence (DUI) in Virginia is a serious matter that can have significant legal consequences. Understanding what happens during a DUI stop can help you navigate the situation and protect your rights. You should know what to do, your rights, and the potential consequences of a criminal conviction.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC inform you about what to expect if you are pulled over for a DUI in Virginia. Schedule a consultation to get personalized advice about your case. 

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The Traffic Stop

When a law enforcement officer suspects that a driver is under the influence of alcohol or drugs, they may initiate a traffic stop. The officer will observe the driver’s behavior, looking for signs of impairment such as:

  • Erratic driving, 
  • Swerving, 
  • Speeding, or 
  • Failing to obey traffic signals.

During the traffic stop, the officer will approach your vehicle and ask for your driver’s license, registration, and proof of insurance. It is important to remain calm and polite throughout the interaction. 

Field Sobriety Tests

If the officer suspects that you are under the influence, they may ask you to step out of the vehicle and perform a series of field sobriety tests. These tests are designed to assess your physical and mental impairment. Common field sobriety tests include:

  • Horizontal Gaze Nystagmus (HGN) Test
  • Walk-and-Turn Test
  • One-Leg Stand Test

You have the right to refuse these tests. Even if you choose to not do these tests, the officer may still decide to arrest you, based on other observations. Nevertheless, it is advisable to not do any testing that is not required by the law. 

Preliminary Breathalyzer Test

The officer may also ask you to take a preliminary breath test (PBT) using a portable breathalyzer. This roadside test is not required. This test measures your blood alcohol concentration (BAC). In Virginia, the legal BAC limit is 0.08% for drivers over the age of 21. If the breath test shows a BAC above the legal limit, the officer will likely arrest you for DUI. Even if  the PBT shows a number under .08, the officer can still arrest you to request a more thorough or scientific test. PBTs are only used by the officer to support the probable cause determination of the arrest.  

What Happens if I am Arrested for Suspected DUI in Virginia?

If the officer has probable cause to believe that you are under the influence, they will place you under arrest. You will be handcuffed, read your Miranda rights, and transported to the police station. At the station, you will be asked and required under Implied Consent Law to take a more accurate breathalyzer test or provide a blood sample to determine your BAC.

Implied Consent Law

Virginia operates under an implied consent law, which means that by driving in the state, you have implicitly agreed to submit to chemical testing if arrested for DUI. Unreasonably refusing to take the breathalyzer or blood test at the station can result in an additional charge. The penalty for an Unreasonable Refusal conviction for a first offense is a one-year suspension of your driver’s license and harsher penalties for subsequent refusals. 

Booking and Release

After the chemical test, you will be booked, which involves taking your fingerprints, photographing you, and recording your personal information. Depending on the circumstances, you may be released on bail by the magistrate or held in custody until your arraignment before a judge.

Legal Consequences

A DUI conviction in Virginia can result in severe penalties, including:

  • Fines: Ranging from $250 to $2,500, depending on the offense and BAC level.
  • Jail Time: From 30 days to 12 months for first offenses, with longer sentences for repeat offenders or higher BAC levels. Mandatory jail time for a DUI 1st offense begins at a BAC or .15 or higher.  
  • License Suspension: From one year to an indefinite period for multiple offenses.
  • Alcohol Education Programs: Mandatory participation in the Virginia Alcohol Safety Action Program (VASAP).
  • Increased Insurance Premiums: A DUI conviction can lead to significantly higher auto insurance rates.

Seek Legal Help After a Virginia DUI Arrest

If you were pulled over and eventually arrested for a suspected DUI, you need legal help. You face serious potential consequences, even for a first-time DUI.At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here for you. Contact us today for a free consultation of your case.