A DUI arrest is stressful. You may be wondering about your license, your job, and your first court date. This overview explains common next steps after a Virginia DUI arrest. Every charge turns on its own facts, and nothing here predicts an outcome for your case.
The charge itself
Virginia’s main DUI statute is Virginia Code § 18.2-266. Related charges can include refusal of a breath or blood test under Virginia Code § 18.2-268.3. Local ordinances may also apply.
Administrative license suspension
Separate from any later conviction, Virginia law provides for an immediate administrative license suspension in many DUI and refusal situations. Under Virginia Code § 46.2-391.2, if you take a breath test at or above the covered limit, or you refuse the chemical test in the situations the statute covers, and a petition, summons, or warrant issues, your Virginia license (or privilege to drive here) can be suspended right away.
Typical administrative suspension periods under that statute include about seven days for a first offense, about 60 days for a second offense (or until trial, with limits described in the statute), and until trial for a third or subsequent offense. This administrative suspension is not the same as a suspension that may follow a conviction.
Magistrate, bond, and papers
You will typically appear before a magistrate. You may be released on bond or under conditions. Keep every paper you are given. Write down your court date, time, and courthouse. Missing court creates new problems.
What to do right away
- Do not talk about the facts of the case with police, friends, or on social media.
- Do not drive if your license or privilege is suspended.
- Write down what you remember while it is fresh.
- Call a defense lawyer before your first court date so there is time to prepare.
- Bring your papers to that first meeting.
Court process in plain terms
Most adult DUI cases begin in General District Court. A lawyer can review the stop, the field tests, the breath or blood evidence, and the paperwork. Options depend on the evidence and your record. We never promise a result. Virginia Rule of Professional Conduct 7.1 does not allow communications that create unjustified expectations.
Talk with us
If you or a family member was arrested for DUI or a serious traffic offense in Danville, Pittsylvania County, or nearby, call (434) 792-2350 and ask for Nicole (nicole@warrenshelton.law), or call our Chatham office at (434) 432-2862. Brent Shelton handles criminal defense and traffic matters. We will give a clear fee quote before any work begins.
Attorney advertising. This post is general information, not legal advice. Contacting Warren Shelton PLLC does not create an attorney-client relationship. Attorneys licensed in Virginia only. Results depend on the facts and law of each case. Please do not send confidential information until we confirm we can represent you.