When a defendant is arrested for driving while intoxicated in Virginia there are a number of circumstances under which there will be an automatic administrative license suspension. The administrative suspension will issue in any of these three circumstances:
(1) the result from the breath test are a .08 or higher, or
(2) for a person under the age of 21 the result is a .02 or higher, or
(3) the defendant refused the breath test.
If the defendant is charged with driving while intoxicated as a first offense, the administrative suspension lasts for 7 days. For a second driving while intoxicated charge, the suspension lasts for 60 days. If the defendant is charged with third or subsequent driving while intoxicated, the suspension lasts until the date of trial.
A defendant can challenge the administrative license suspension in the court that has jurisdiction over his or her charge under Virginia Code 46.2-391.2. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court must rescind the administrative license suspension.
The attorneys are Henson Pachuta, PLLC are experienced with DUI defense and offer free consultations. With information about the details of your case, we can help to explain the administrative license suspension and whether there are arguments for having the suspension rescinded. Contact us by phone at 703-822-4701 or come to our office at 4011 Chain Bridge Road, Suite 200, Fairfax, Virginia 22030.