Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

After a DUI arrest, which actions must officers take regarding administrative suspension?

1. Notify the suspect only

2. Serve a notice of suspension and keep the license

3. Serve a notice of suspension and report to magistrate

4. None, it is not required by law

The correct answer is: Serve a notice of suspension and report to magistrate

Following a DUI arrest, officers are required to perform specific actions concerning administrative suspension of the driver's license. The correct choice emphasizes that officers must both serve the notice of suspension and report the matter to a magistrate. When a DUI arrest occurs, officers must follow legal protocols that ensure the driver is informed of the suspension of their driving privileges. Serving the notice of suspension formally communicates to the suspect that their license has been administratively suspended due to the DUI and provides details on the duration of the suspension and possible next steps. Additionally, reporting to a magistrate is a critical step because it establishes the legal process necessary for the administrative handling of the DUI charge and any subsequent legal repercussions. This action helps to create a record and ensure the case is reviewed in accordance with established legal procedures. Other approaches may fail to meet the legal requirements that safeguard the rights of the arrested individual and support the integrity of the criminal justice system. Hence, both the notification of the driver and the involvement of a magistrate are essential components of the post-arrest actions that officers must undertake.