Most people think that a person needs to have a blood-alcohol content of over .08 to get a DUI in Virginia. While this is the most common case, it still possible to get a DUI even if your BAC falls below this threshold. While this is not as common, some people who seek out an attorney are people who were over 21 and blew below the legal limit (for those under 21, a .02 or higher will result in a DUI due to zero tolerance laws) yet were still charged with DUI. If this has happened to you, you need to contact an attorney right away.
What Constitutes Drunk Driving
Virginia statues lay out exactly what can be considered driving under the influence in Virginia. If you are pulled over and blow a .08 or higher, there is presumption that you were driving while intoxicated. Therefore it is up to the lawyer to prove that his or her client was actually not impaired while driving. By placing the onus on the defendant to prove their innocence, a person faces an uphill battle with their charges.
If you blow between a .05 and .08, the prosecution will then have to prove that you were impaired while driving based on your actions. These can include:
- Swerving in the lane
- Failure to signal
- Making an illegal turn
- Speeding
If the state can prove beyond a reasonable doubt that this BAC caused a person to be intoxicated while driving, they will face the same penalties as those who blew a .08 or higher. An attorney will fight diligently to cast reasonable doubt on the prosecution’s case, working to keep this serious charge off your driving record.
