DUI Charges: Who Files and Who Can Help?

DUI Lawyer Fairfax, VA

Hard-working, good people make mistakes every day. You may have good intentions but had a minor lapse of judgment that led to a DUI arrest. This error and unfortunate incident should serve as a reminder to you to not duplicate the situation; however, a DUI charge shouldn’t be a black mark against you forever. If you become involved in a DUI case, it’s helpful to understand the process that will take place and what steps you can do to ensure the best outcome possible.

The Arrest

If you’re pulled over by a police officer, and the officer suspects you may be under the influence of alcohol, you may be asked to perform some sobriety tests. These could include a breathalyzer test or the common walking the line and touching your finger to your nose tests. You can refuse a breathalyzer test, but if you do so, the officer will likely book you in jail. An arrest and a trip to jail will also be the outcome if the tests show that you’re driving with more than the legal amount of alcohol in your system. Once in jail, you won’t be able to refuse further assessments of your blood-alcohol level. At this point, the officer will conduct blood, breath or urine tests. You’ll most likely remain in jail until a responsible party can come to pick you up.

The Charges

The district attorney of the state in which the infraction occurred will file the charges. An assistant or deputy district attorney may assist. Don’t expect the filings to happen anytime soon; you may also have to wait to appear in court for several weeks or months. In fact, district attorneys usually have up to one year to file DUI charges. After this time, the statute of limitations expires.

Your Rights

Regardless of the specifics surrounding your DUI arrest, you should contact a DUI lawyer as soon as possible. Your attorney will advise you on your rights and how to best proceed. A legal professional will also represent you in court once you appear. If you feel the charges are incorrect, the attorney can also investigate and determine whether you were treated fairly at the time of your arrest and following your booking into jail. He or she can identify any areas in which officers violated your rights.

Police officers, district attorneys and your own DUI attorney play key roles in your case. Don’t proceed one moment without the expert advice of a competent DUI lawyer in Fairfax, VA from May Law, LLP  at your side.

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