I got a DUI, now what? If you’ve been arrested for a DUI in Virginia, you may be wondering what steps to take next. Here’s a list of actions that can help protect your rights and strengthen your defense in both your criminal and license suspension case.
1. Stay Silent with Law Enforcement
Once you’re arrested, anything you say can be used against you in court. Even if you believe you can explain your situation, it’s best to remain silent and wait to speak with an attorney. If police ask questions, politely state that you are invoking your right to remain silent and that you would like to speak with a DUI lawyer.
2. Understand Virginia’s Automatic License Suspension
In Virginia, a DUI arrest triggers an automatic administrative license suspension (ALS):
- First offense: 7-day suspension
- Second offense: 60-day suspension or until trial
- Third offense: Suspension until trial
Unlike other states, Virginia does not offer a separate DMV hearing to challenge the suspension. Instead, your lawyer can file a motion in court to contest it.
3. Consult an Experienced DUI Attorney
A Virginia DUI attorney can guide you through the legal process and help build a defense strategy. Penalties for DUI convictions in Virginia can be severe, including license suspension, fines, mandatory alcohol education programs, and jail time—especially if your BAC was 0.15 or higher.
4. Document Everything About Your Arrest
As soon as possible, write down everything you remember about your DUI stop and arrest:
- Where and when you were stopped
- What the officer said and did
- Whether you were given a field sobriety test or breathalyzer
- Any statements made by the officer
This information may be useful for your defense.
5. Identify Witnesses
If anyone was with you before or during the stop, they might be able to testify about your sobriety. Witness statements can help dispute the prosecution’s claims.
6. Gather Evidence
If you were at a bar, restaurant, or event before your arrest, look for receipts, photos, or surveillance footage that might provide context. Your attorney will determine whether this evidence is useful in your case.
7. Decide Between a Private Attorney or a Public Defender
In Virginia, you are only eligible for a public defender if you meet income requirements. If you don’t qualify, you will need to hire a private attorney.
- Public defenders can provide legal representation but often have heavy caseloads.
- Private attorneys may offer more personalized attention and strategic defense options.
8. Follow Your Attorney’s Advice
Once you have legal representation, follow your attorney’s guidance carefully. They will advise you on what to say in court, whether to negotiate a plea, and how to handle the administrative suspension of your license.
9. Avoid Further Legal Trouble
Any additional arrests or legal issues can negatively impact your case. Courts consider your behavior after an arrest, so staying out of trouble can help when negotiating for reduced penalties or dismissal.
10. Be Patient—DUI Cases Take Time
DUI cases in Virginia can take several months to over a year to resolve. Your attorney will review evidence, file motions, and possibly negotiate a plea deal or prepare for trial. Trust the legal process and remain proactive in your defense.
Facing a DUI Charge in Virginia? Get Legal Help Now
If you’ve been arrested for a DUI in Virginia, the consequences can be serious. The KGO Law Firm is here to fight for your rights and provide experienced DUI defense. Contact us today for a free consultation to discuss your case.
