The Commonwealth of Virginia and the other states of the nation have outlawed drunk driving in an effort to prevent vehicle accidents and collision fatalities. These are noble goals and there is no doubt that alcohol is an intoxicating substance that can alter a person’s faculties. However, the rigid laws that Virginia and other jurisdictions apply in drunk driving cases take away any subjective considerations that may affect a person’s rights when arrested for DUI.
In Virginia a person is considered driving drunk if their blood alcohol concentration is at or above .08 percent. A person implicitly consents to submit to a blood test when they are stopped for suspected drunk driving as the Commonwealth has adopted an implied consent law that mandates all who drive on Virginia’s roads to do so.
Individuals who are found to have driven with BAC levels at or above .15 percent may receive heightened charges and sentences if they are convicted. These DUI charges can rob individuals of important privileges and freedoms if convictions are secured.
While there must be some standard for drunk driving, the objective line of .08 percent BAC may not always mean that a person is intoxicated while driving. Many factors can play into whether a person is affected by alcohol, including but not limited to their weight, whether they have eaten or taken any medications and their gender.
A drunk driving arrest can be challenged through effective defense strategies. As all matters related to DUI and drunk driving charges can vary depending upon the facts, it is important that individuals dealing with DUI charges discuss their legal options with local defense attorneys.