DUI Arrests and Drivers’ License Suspension in Loudoun County

Virginia, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples to law enforcement officers under certain circumstances. Drivers can revoke that consent, but that revocation comes at a cost. In Virginia, that cost is Administrative License Revocation drivers’ license suspension. As outlined below, this cumbersome process is a necessary component of an effective DUI defense.

A DUI defense may have more moving parts than any other criminal defense. In addition to the ALR process, a Leesburg criminal defense lawyer must navigate the complex jail release process. Then, when the case goes to trial, an attorney must challenge different kinds of evidence, usually witness statements and scientific tests. Therefore, only the most experienced lawyers should handle these matters.

Suspension Periods

In some states, a chemical test refusal could mean an extended drivers’ license suspension, even for a first refusal. Additionally, in some states, refusal to submit is a separate criminal offense.

But in Virginia, the penalty for a first-time refusal is only a seven-day suspension. However, the penalty for a second refusal is a 60-day suspension. The penalty for a subsequent refusal is a suspension until the trial date, regardless of the length of the delay.

At an ALR hearing, the prosecutor must establish that officers had probable cause to demand a chemical sample and the defendant refused to provide a sample under similar circumstances in the past. More on these things below.

Significantly, when an ALR or other drivers’ license suspension period ends, licenses don’t magically become valid again. Instead, the driver must apply for reinstatement, pay fees, provide proof of insurance, and meet other requirements.

The ALR Process

ALR hearings are civil proceedings. Therefore, many constitutional protections don’t apply. For example, administrative law judges could compel defendants to be witnesses against themselves. Additionally, in most jurisdictions, the ALJ is the prosecutor, judge, jury, and executioner (person who decides and carries out the license suspension sentence).

Usually, officers have probable cause to demand chemical samples if they believe drivers are possibly intoxicated. Observational evidence, like bloodshot eyes, might be enough. Field test evidence, like the walk-and-turn, is always enough. The police officer’s subjective opinion is all that matters at this point.

Because constitutional protections don’t apply in ALR hearings technical requirements are limited. Proving the number of prior refusals is one of the few exceptions. A previous DUI arrest doesn’t establish a prior refusal. In fact, a prior arrest disproves a prior refusal. 80 percent of DUI defendants voluntarily provide chemical samples.

So, the record must independently establish a prior refusal. This requirement is especially difficult to meet if the prior arrest was in another county or state.

“Winning” and “Losing” an ALR Hearing

The ALR process is stacked against drivers. Mostly for that reason, many DUI defendants don’t partner with a Leesburg criminal defense lawyer and challenge the suspension. However, even if you lose, you win.

An ALR hearing gives a Leesburg criminal defense lawyer the chance to cross-examine the arresting officer on the record. It’s like a free deposition. This valuable discovery usually costs hundreds of dollars, if it’s available at all.

Moreover, there’s no risk. The worst possible outcome of an ALR hearing is imposition of the full suspension period. That would’ve happened anyway.

Connect With a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.