Virginia is tough on Drunk Drivers!

Virginia is tough on drunk drivers, and with good reason. One out of every 10 Americans will be involved in an alcohol-related crash during their lives. Alcohol-related injuries occur about every two minutes, and fatalities occur every 32 minutes, on average. That is why it's important to know the facts about driving under the influence of alcohol or drugs, and to avoid this behavior entirely.

If you've never had a DUI, you might not realize that it's not a traffic violation, it's a criminal offense. You'll be handcuffed, carted off to the police station, and required to go to court. You will need an attorney.

Drunk driving refers to driving (a motor vehicle, boat, or watercraft) with a blood alcohol concentration (BAC) at a level where you can be arrested for driving under the influence (DUI). This is 0.08% in Virginia. Impaired driving means that your skills, including judgment, coordination, and response time, are affected before your BAC reaches that level, or if you are using drugs.

You can be convicted of DUI if your BAC is less than 0.08%. For example, if there is proof that you are under the influence of drugs (even legal prescription or over-the-counter drugs) that impair your driving, you can be arrested for DUI with a BAC of zero. Although difficult to prove, the prosecution can go forward with a BAC that is under .08. The BAC is a presumption of driving while impaired; it is not entirely necessary to prove drunk driving.

If you are pulled over for suspicion of drunk driving, you will most likely be asked to do a number of road side tests. Many of these tests are set up for failure. You should contact a D.U.I. attorney in order to review theses test and make sure there were given properly. An example of this would be when a D.U.I. suspect is asked to walk a straight line. Was it on a flat surface? What kind of shoes were you wearing? Was there an actual line on the road or an imaginary line. These are questions that can make a difference in a D.U. I. Defense. It is important to hire a D.U.I. attorney that will examine these questions and make sure you are properly defended.

If you fail two or more roadside tests, then you will be asked to take a PBT. A preliminary roadside test (PBT) is done by the officer at the car. If you blow over a .08 you will be taken to jail. However this preliminary breath test is not admissible in court, so go ahead and take it. The one that counts is the BAC that is taken at the station under strict rules. This BAC is admissible if conducted correctly. If you refuse the test at the station you will be charged with refusal as well as DUI. However if your PBT was over a certain BAC, then you may be better off to refuse the BAC that they ask you to do at the station. For example; if you have a BAC of over.15 you will be made to serve mandatory jail time. Sometimes you are better off not submitting to the BAC if you know you are over the .15 limit. However, how would you know that you are over the .15 limit and not have it held against you. Simple, take the test at the police car and see where you are. There are specific rules that must be followed when testing a person for DUI. Again it is important to contact a DUI attorney in order to discuss your individual situation.