Presumed vs. Inferred Intoxication
The U.S. Constitution famously states that a person shall be presumed innocent until proven guilty. But conversely, Virginia DUI statutes state a presumption of intoxication (guilt) if a motorist's BAC is .08 or above. In 2007, however, a Virginia court ruled such a presumption unconstitutional, and that courts must interpret the words "shall be presumed" to mean "may be inferred."
This change of language means that a .08 BAC reading is no longer a mandatory presumption of guilt. And if a judge cannot presume DUI, but may only infer it, then a defendant has the opportunity to prove that they were not over the legal limit while driving.
While many people may believe a BAC test and/or a DUI arrest is enough to convict them of a Virginia DUI, it's simply not true. Evidence can and should be questioned, tests can be inaccurate, and you are still innocent until proven guilty. Do not plead guilty to a Virginia DUI charge before speaking to a Virginia DUI attorney about your case!
Building a Winning DUI Defense
To build a winning Virginia DUI defense you'll need the expertise of a Virginia DUI attorney. An attorney will know how to question the result of your BAC test in court as well as other factors that can help you beat your DUI charge or get your case dismissed. With a thorough investigation and the help of expert testimony, a good DUI attorney can help you win your Virginia DUI case.
Bob Battle's GUARANTEE for DUI Defendants
Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.
Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI attorney Bob Battle to schedule your legal consultation today - 804-673-5600.
