A trooper stationed in a work zone on Brambleton Avenue observed Underwood driving a 2008 Toyota 4Runner through the work zone while he appeared to be under the influence.
The trooper pulled over Underwood and the two cars that followed him.
Underwood refused field sobriety tests at the scene and was found carrying a loaded firearm during his arrest.
Court documents say he had slurred speech, smelled of alcohol, was swaying back and forth, and told a state trooper that he drank alcohol.
The trooper took Underwood to the Virginia Beach Magistrate to avoid a conflict of interest in the City of Norfolk. Once at the jail Underwood refused to take a breath analysis.
Underwood was charged with DUI, refusing to take a breathalyzer test, possession of a firearm while intoxicated, and driving through a work zone.
He was released on an unsecured bond.
Since the arrest, his paperwork has been sent back to Norfolk.
The Commonwealth's Attorney's Office released the following statement:
The Office of the Norfolk Commonwealth's Attorney well understands the law applies to all people equally. Currently, there are 80 employees of the office and each person works hard to ensure the efficient, effective, and ethical prosecution of defendants and comprehensive representation of crime victims and witnesses. That diligent work continues uninterrupted following the arrest.
Any inquiries about the offense and arrest should be directed to the Virginia State Police. Questions regarding the case itself should be directed to his defense attorney. This office will not be involved in the prosecution of the case.
When further comment by this office is warranted, statements will be released.
Underwood has been the Commonwealth's Attorney in Norfolk since 2009, and before that, he was the Senior Deputy Commonwealth's Attorney.
He's running unopposed in this upcoming election.