Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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What must officers provide to a magistrate after a DUI arrest?

  1. Just the name of the suspect

  2. A police report

  3. A report including facts to establish probable cause

  4. No report is required

The correct answer is: A report including facts to establish probable cause

After a DUI arrest, officers are required to provide a report that includes facts to establish probable cause to a magistrate. This is crucial because probable cause is the standard used to determine whether there is enough evidence to support the charges brought against the individual. Presenting the information to a magistrate allows for an assessment of the legality of the arrest and whether there was a valid reason for the DUI charge. The details in the report may include observations made by the officer, results of field sobriety tests, breathalyzer readings, or any other relevant evidence gathered during the arrest. This process upholds the integrity of the legal system by ensuring that the decision to move forward with prosecution is backed by sufficient evidence.