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What to do When You're Arrested for a DUI

Jan. 20, 2019

Choose the Right Attorney

person handcuffedA DUI arrest can carry heavy consequences in either Virginia or South Carolina. If you have been detained and failed a field sobriety test with a Blood Alcohol Concentration (BAC) of .08 percent or higher, your life could change drastically for the worse.

In the event that you have been arrested and charged with a DUI, the steps that you take can greatly affect your case. Choosing the right DUI lawyer is a critical first step. Contact the Haley Law Firm, LLC and find out what we can do for you.

DUI Arrests Should Be Taken Seriously

After you have been detained, the police officer will inspect for any indication that you have been driving under the influence of alcohol. They may identify paraphernalia in your vehicle or smell alcohol on your breath. They may even cite your slurred speech or signs of clumsiness. Any indicator of drunk driving will likely enable law enforcement to request a field sobriety test. However, it’s important to note that you may refuse to take field sobriety tests.

Field sobriety tests can include:

  • Horizontal gaze nystagmus (HGN): You may be required to follow a light with your eyes without moving your head.

  • One leg stand (OLS): Officers may ask you to stand on one leg and lift the other leg in the air. However, this test doesn’t always determine if a driver is drunk.

  • Walk and turn (WAT): This test requires you to walk in a straight line and turn back in the same direction.

If your BAC is .08 or higher, there’s a good chance you will be arrested. Since driving is a privilege and not a right, your license could be suspended. Additionally, you could be fined and face jail time. All it takes is an officer’s observations and evidence brought against you to find you guilty in court.

The legal consequences of DUI include:

  • 1st Offense:

    • A minimum of 48 hours in jail

    • Fines up to $1,000

    • License suspension of 6 month

  • 2nd Offense:

    • A minimum of 5 days in jail

    • Fines up to $6,500

    • License suspension of 1 year

  • 3rd Offense:

    • A minimum of 60 days in jail

    • Fines up to $10,000

    • License suspension of 2 years

  • 4th offense:

    • 1 to 7 years in jail

    • Fines up to $10,000

    • Permanent license revocation

Hire a DUI Lawyer for Your Case

The aftermath of a DUI arrest can be burdensome and expensive. Those convicted may even be required to serve probation, attend DUI classes and attend an alcohol evaluation – all of which can be costly. Those who complete probation and other DUI-related programs can be forced to install an ignition interlock device, which prevents a vehicle from starting if it detects alcohol on the driver’s breath.

Your next step following an arrest should be to consult with an experienced DUI defense attorney, who can help protect your rights. Darren Haley understands how DUI arrests works and what you can do to protect your legal rights. When it comes to your freedom, we will fight for you every step of the way.