Most people believe that if you have a blood alcohol level below 0.08, you can drive safely and not be charged with impaired driving (DWI). In Virginia, however, this is not the case. Consuming any amount of alcohol before driving interferes with a driver`s ability to operate a motor vehicle safely. Popular culture has ingrained in us the belief that the “legal limit” is 0.08. All these different factors together determine how your body reacts to alcohol consumption and how it affects your blood alcohol level. According to the state of Virginia, drunk driving is driving a motor vehicle with a blood alcohol level of 0.08% or higher. If you had a drink, you may be impaired. You run the risk of being under the influence of alcohol and, as such, you should refrain from driving until you are disillusioned. If you`re below the legal limit, it doesn`t mean you automatically avoid arrest for drunk driving. Officers may look at other factors to determine if you are intoxicated, such as field sobriety tests or your own statements. If an officer determines that you can be drunk even if you are below the legal limit, you can still be arrested and charged with impaired driving in Virginia. How alcohol affects a person`s blood alcohol level is highly dependent on that person`s individual characteristics.
Features that can affect a person`s blood alcohol level include: Adding a drink to your meal before you go home is usually perfectly safe, but the NTSB wants to lower the blood alcohol limit, which may prohibit some drivers from having a drink for dinner before getting behind the wheel. The law in all 50 states that people with a blood alcohol level of 0.08 or higher are not safe to drive. But now the NTSB wants every state to lower the blood alcohol limit to 0.05. If you have been charged with impaired driving in the Commonwealth of Virginia, the penalties are severe and you risk jail, hefty fines, and loss of your driver`s license. Knowing your rights regarding legal limits and impaired driving itself is an important part of protecting yourself from criminal charges. This standard is codified in Virginia law §18.2-269 Speculations of Alcohol or Drug Content of Blood. It is a crime for a licensed drinker to sell alcohol to a person under the age of 21. Violation of this law will result in up to 12 months in jail, a fine of up to $2,500, or both. In the Commonwealth of Virginia, you are not allowed to drive a motor vehicle, moped, or even a train under the influence of alcohol or drugs. One way to measure if a driver is impaired driving (DUI) is to determine if the amount of alcohol/drugs in the driver`s system is greater than the legal alcohol limit in VA. We have experienced drink-driving lawyers who can help you navigate the legal system, understand your options regarding Virginia`s drunk driving laws, and defend you in court. Don`t hesitate – give us a call today.
If you are arrested for suspected poisoning, the officer may ask you to take a test to determine if there is alcohol in your system. The Virginia DWI law states that the driver does not have the option to choose the type of chemical test he will receive. If you refuse to take the breath test, your licence will be suspended, and if you have been convicted of impaired driving in the past, or if you have already failed a breath test, refusing to take the test is an offence. If you drive a car, motorcycle, or even a boat in Virginia, a good rule of thumb is to never consume alcohol or drugs. If caught, you could be charged with impaired driving (DUI) in the Commonwealth of Virginia. The penalties are heavy and your life can be negatively affected. In the Old Dominion State, the prosecutor can charge you with impaired driving in one of two scenarios: But IBC isn`t the only factor that questions you for a DUI. If you have drugs in your system that affect your reaction times, coordination, and judgment, you can be arrested for drunk driving even if you don`t have alcohol in your system. This includes all kinds of drugs: street drugs, prescriptions, and even over-the-counter medications. In Virginia, the law makes the following assumptions based on a person`s legal limit regarding alcohol: Drivers under the age of 21 can be convicted of driving under the influence of alcohol if they have a blood alcohol level of 0.02% or higher while operating a motor vehicle.
This lower limit reflects the fact that people under the age of 21 are generally not allowed to consume alcohol and are never allowed to consume alcohol or drive. The type of alcohol consumed and its strength (alcohol by volume (ABV)) Virginia, like all other states, recognizes a blood alcohol level of 0.08% as the threshold or above which a driver is considered legally intoxicated.