Will Your License Get Suspended for a DUI Arrest in Virginia?

Yes, in most cases, your license will get suspended following a DUI arrest in Virginia, frequently because of breath test refusal. Although drivers have a right to refuse to provide a chemical sample, since Virginia is an implied consent state, withdrawing that consent has consequences. Much more commonly, the ALS process also applies to chemical test failures.

ALS matters are difficult to successfully resolve. The burden of proof (probable cause) is lower than the burden of proof at trial (beyond any reasonable doubt). Furthermore, the issues are narrower, so the state has less to prove. Finally, the administrative law judge, who is a paid state employee, often serves as judge, jury, and executioner. Despite these obstacles, a Leesburg criminal defense attorney often successfully resolves these matters and keeps people on the road.

Immediate Administrative License Suspension (ALS)

A breath or blood test failure or refusal automatically triggers the ALS process. In many cases, unless DUI defendants request appeal hearings within fifteen days of arrest, the full suspension period automatically goes into effect. These suspension periods are:

• First failure, seven days,
• Second failure (within ten years) sixty days,
• Third failure (within ten years), possible indefinite suspension.

Suspension periods for chemical test refusals are much longer, usually up to a year or more even for a first refusal.

We should mention that a suspended drivers’ license doesn’t automatically become valid again when the suspension period ends. The license remains suspended until the driver pays a reinstatement fee, provides proof of insurance, and takes other steps.

We should also discuss the difference between license suspension and revocation. Suspended licenses may become valid again, as discussed above. But if a court revokes the license, the individual must wait until the revocation period ends and start the application process anew.

ALS Appeals in Virginia

We mentioned some of the difficulties a Leesburg criminal defense lawyer faces at ALS appeal hearings above. Additionally, since ALS is technically a civil matter, many constitutional protections, such as the Fifth Amendment, don’t apply. So, drivers could be forced to be witnesses against themselves.

However, the state still has the burden of proof to establish that officers had probable cause to demand a sample. If the defendant refused to provide field sobriety tests, probable cause is almost impossible to establish in these matters. So, if the evidence is weak, an attorney can usually at least reduce or probate the suspension period.

Additionally, for longer suspensions, a limited drivers’ license is usually available. This hardship license allows defendants to drive to and from work, to and from school, and for other essential purposes. Some strings are usually attached, like an IID (ignition interlock device).

Furthermore, an ALS appeal hearing allows a Leesburg criminal defense lawyer to cross-examine the arresting officer on the record. So, the ALS hearing is essentially a free deposition that’s normally unavailable otherwise.

Finally, the worst possible ALS outcome is the maximum drivers’ license suspension period under the law. That would’ve happened even if the defendant did nothing. So, an ALS appeal is a no-risk proposition.

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 after-hours visits are available.

Source:

law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-391.2/