Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?

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Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?

Recently, Virginia began suspending DUI suspect's licenses for 7 days following their initial arrest. When this law first went into effect, there were many legal challenges arguing that if a person is presumed innocent until proven guilty, it is improper to punish the person by taking his license for 7 days. However, the law is now settled. The Virginia Supreme Court has held that the 7 day license suspension is necessary for the protection of the public and, therefore, not a punishment.

Other Virginia Drunk Driving Defense FAQs

Q: What Is The Difference Between Dwi And Dui?
A: Driving while intoxicated (DWI) and driving under the influence (DUI) in some states are separate offenses. Generally, DWI is the more serious offense involving a … More
Q: What Is The Definition Of Dui?
A: DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has … More
Q: How Can The Case Be Proven?
A: Generally, prosecutors prove a DUI case under three methods. The first and easiest method for the Prosecutor to convict a person is by showing … More
Q: What Is The Punishment For Drunk Driving?
A: In Virginia, a DUI is a Class 1 misdemeanor. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges … More
Q: What Are The Penalties For Subsequent Offenses?
A: The Virginia Code also sets forth a number of more severe punishments for second and third offenses. Second offenses, upon conviction, result in a mandatory jail … More
Q: What Do Police Officers Look For While Searching For Drunk Drivers On The Highway?
A: According to research by the National Highway Traffic Administration, police officers look for drunk drivers based on the following: making a wide radius turn; … More
Q: Do I Have To Take A Breath Test Or Any Other Chemical Test?
A: Simply stated, no. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give the … More
Q: What If The Police Officer Failed To Read Me My Rights?
A: There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to … More
Q: After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?
A: Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a … More
Q: Do I Have A Choice Of Blood Alcohol Level Tests?
A: At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is … More