Frequently Asked Questions
Lynchburg Criminal Defense Attorney
Why was I arrested for a DUI when my blood alcohol concentration (BAC) was under .08 percent?
In Virginia, you can be arrested for a DWI on a police officer’s observation that you were impaired by alcohol or drugs even if your BAC or blood levels were below the legal limit.
What is the Administrative License Suspension for a Virginia DUI?
Anyone arrested for a DWI in Virginia will automatically have his or her license suspended if a BAC of .08 percent was found on the breath test or if the person refused to submit to a breath test. This is an automatic suspension which is generated by the arrest. Under Virginia’s implied consent law, when you accept your driver’s license, you are automatically agreeing to take a breath test should you be asked to do so by law enforcement. When you refuse to do so, you are in violation of the law.
Should I talk to the police about a crime? I don’t know if I’m a suspect.
You should never talk to police officers about a crime without an attorney present. If you believe you are suspected of a crime in an ongoing investigation, call our Lynchburg criminal defense lawyer for help. Without an attorney present, anything you say could be used against you in court.
Do I have to let a police officer search my car or home if asked?
No. If a police officer asks you for permission then he or she does not have a search warrant. Police can only search you, your car, or home once they have obtained a search warrant. In that case, they do not need your permission.
Will I automatically go to jail for a DUI?
Whether or not you go to jail will depend on the specifics of your case, including your BAC level and other pertinent facts. If this is your first offense, you may or may not go to jail for up to a year. If it is your second or third offense, jail time is likely.
When should I call a lawyer for help?
It is never too early to call an attorney. Even if you think you are under suspicion only, it is best to seek the services of a criminal defense attorney who can protect your legal rights and provide guidance. If you are being investigated or have already been charged, the sooner you contact a lawyer, the sooner he can begin to construct a defense. It is always better to be proactive to increase your chances for a favorable outcome.
Questions about your case? Call A. R. Pike Law Firm to set up a consultation with our Lynchburg criminal defense attorney at (434) 264-5444. Or contact us online.