Knowledgable Virginia DUI Defense Lawyer Helps You Fight Drunk Driving Charges With a BAC Under 0.08
You’re driving home after a delicious dinner at a Chesapeake restaurant when you notice the flashing lights in your rearview mirror. You had a couple of glasses of wine, but you’re confident that you’re under the legal limit. To your shock, the police officer arrests you for drunk driving despite your blood alcohol content (BAC) registering below 0.08%.
Many drivers mistakenly believe they can’t be charged for driving under the influence (DUI) if their BAC is below the legal limit. However, Virginia DUI law allows for arrests and convictions even when a driver is under this threshold. Turning to an experienced Chesapeake DUI defense lawyer is crucial in defending against these allegations.
Virginia DUI Law and BAC Levels Explained
Virginia law enforcement can arrest you for a DUI if they have probable cause to believe you're impaired, regardless of your BAC level. This means that even if your breathalyzer test shows a BAC below 0.08%, you can still face DUI charges based on other factors.
The police may observe signs of impairment, such as:
- Erratic driving
- Slurred speech
- The smell of alcohol
They might also ask you to perform field sobriety tests, which can be subjective and challenging even for sober individuals. These observations, combined with any amount of alcohol in your system, can lead to a DUI arrest.
While a BAC below 0.08% doesn't automatically prove intoxication, it doesn't disprove it either. The prosecution can still build a case against you based on the officer's observations and other evidence collected during the stop.
Criteria for DUI Conviction With BAC Below the Legal Limit
When your BAC is below 0.08%, the prosecution faces a more challenging task in proving your guilt. However, they can still pursue a conviction based on several factors:
- Officer observations. The arresting officer's testimony about your behavior, speech, and appearance can be powerful evidence. They may describe signs of impairment such as bloodshot eyes, unsteady gait, or the odor of alcohol.
- Field sobriety tests. Your performance on standardized field sobriety tests can be used as evidence of impairment. These tests include the one-leg stand, walk-and-turn, and horizontal gaze nystagmus.
- Chemical test results. Even if your BAC is below 0.08%, any detectable amount in your blood alcohol test can be used to support the officer's observations of impairment.
- Driving behavior. Erratic driving patterns, traffic violations, or involvement in an accident can be used as evidence of impairment.
- Your own statements. Anything you say to the officer about drinking or your ability to drive can be used against you in court.
Special Considerations for Underage Drivers
For drivers under 21, Virginia has a zero-tolerance policy. According to Virginia Code §18.2-266.1, it's illegal for anyone under the age of 21 to operate a motor vehicle after consuming any amount of alcohol. A BAC as low as 0.02% can result in a conviction for underage drivers.
This stricter standard reflects the serious approach Virginia takes to underage drinking and driving. If you're under 21 and arrested for DUI, even with a low BAC, it's crucial to seek legal representation immediately.
How Low BAC Levels Affect Driving Safety
While a BAC below 0.08% might seem insignificant, research shows that even small amounts of alcohol can affect driving ability.
According to the National Highway Traffic Safety Administration, at 0.02% BAC, drivers experience declines in visual function and the ability to perform two tasks at the same time. They may also experience altered mood and some loss of judgment. At 0.05% BAC, driver coordination is reduced, along with the ability to track moving objects, steer effectively, and respond to emergency driving situations. They feel reduced inhibition and lowered alertness.
These effects, while seemingly subtle, can significantly impair your ability to drive safely and may be used as evidence in a DUI case.
Potential Virginia DUI Penalties You May Face
Even for a first offense, Virginia DUI laws outline severe penalties and consequences.
- Fines of at least $250 for the first offense
- Minimum one-year license suspension
- Jail time of up to 12 months
- Ignition interlock device requirement for at least six months
- Mandatory completion of a Virginia Alcohol Safety Action Program
These penalties can have long-lasting effects, impacting your job, finances, and personal relationships.
Why You Need a Virginia DUI Defense Lawyer
Especially in DUI cases involving BAC levels below 0.08%, it's crucial to have experienced legal representation on your side. A skilled Virginia DUI defense lawyer can:
- Challenge the validity of the traffic stop and arrest
- Question the accuracy of field sobriety tests and chemical test results
- Examine all evidence for potential weaknesses in the prosecution's case
- Negotiate for reduced charges or alternative outcomes
- Protect your rights throughout the legal process
Remember, a DUI arrest is not the same as a conviction. With the right legal strategy, it may be possible to have your charges reduced or dismissed entirely. If you've been arrested for DUI in Chesapeake, even with a BAC below 0.08%, don't face the charges alone. Turn to James E. Short to build a strong defense strategy and work towards the best possible outcome for your case.