| You might think that Virginia DUI laws are capable of | | | | authorities know what your BAC was while driving if |
| easily determining who may or may not be driving | | | | they only test you hours after you were pulled over? |
| under the influence. You may believe that a guilty | | | | The answer is: they can't. So your Virginia DUI defense |
| verdict is based solely on the blood alcohol content | | | | attorney may be able to argue that your BAC was |
| (BAC) of the driver. But in reality, Virginia's DUI laws | | | | lower when you were driving than when you were |
| are not as straightforward as you may think. | | | | tested. |
| Blood Alcohol Content | | | | Presumed vs. Inferred |
| Let's start by defining exactly what blood alcohol | | | | The DUI statute in Virginia states that if your BAC is |
| content (or BAC) is. Your BAC is computed by | | | | found to be.08 or above, there is what is called a |
| calculating the number of milligrams of alcohol that are | | | | "presumption" of intoxication. But in 2007, the state's |
| present in a 100-millimeter sample of blood. This is | | | | appellate court ruled that if you are presumed to be |
| accomplished either by testing your blood directly or by | | | | legally drunk, your constitutional right to a presumption |
| analyzing the alcohol on your breath and extrapolating | | | | of "innocence until proven guilty" is violated. |
| the result to figure out your BAC. | | | | As a result, the appeals court ordered that even |
| The legal limit for blood alcohol content in the state of | | | | though the law uses the phrase "presumption of |
| Virginia is.08. This means that if you have fewer than | | | | intoxication," prosecutors can only argue that a test |
| 80 milligrams (or.08 of a gram) of alcohol in a 100ml | | | | result of.08 or higher "may infer" that the defendant |
| blood sample, you are not considered legally | | | | was driving under the influence. Again, your Virginia DUI |
| intoxicated. | | | | defense attorney can present evidence at trial to |
| Difference in Virginia Law | | | | challenge that inference of intoxication. |
| It is important to note that Virginia DUI laws are based | | | | If you have any questions related to the legal |
| on the blood alcohol content while an individual is driving | | | | interpretation of Virginia DUI laws, a qualified defense |
| a vehicle, not at the time they are tested. So how can | | | | attorney can answer them for you. |