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Virginia’s Legal Blood Alcohol Content (Part A)

A Virginia DUI can cost you months of your time and thousands of your hard-earned dollars. It can also result in jail time and lost job opportunities. But just because you have been charged with a Virginia DUI doesn't mean that you have to plead guilty. With a strong Virginia DUI attorney it is possible to beat your DUI charges

Beating DUI Charges

Beating Virginia DUI charges is not an impossible task, no matter how insurmountable the odds may seem. In fact, there are several arguments that are often instrumental in beating DUI charges or getting those charges dismissed altogether.

First of all, many false and unlawful DUI charges can be attributed to problems with breathalyzers, which are often an important element in a Virginia DUI conviction. These devices are susceptible to miscalculations and incorrect analyses. This has been known to happen for several reasons, such as: 

  • Variances in body weight and metabolism
  • Certain medical issues
  • Whether you belched or hiccoughed prior to taking the test
  • The rate at which your body absorbs alcohol  

And of course, it must be considered whether the equipment was in accurate working order and whether the administering officer was properly trained and followed protocol at the time of the test.  

Arguing your Blood Alcohol Content

If you are suspected of DUI in Virginia then you will most likely be given a blood alcohol test. This will either be done by breathalyzer, or by analyzing a sample of your blood. If the results indicate a blood alcohol level of .08 or above, you will be charged with a Virginia DUI. But Virginia laws specify that .08 is the legal limit while driving.

Therefore, your Virginia DUI attorney may be able to prove that your BAC was lower than .08 while you were driving, which can be different than what it was at the time you were tested. An expert may prove this by arguing the rate at which your body absorbs alcohol into the bloodstream.

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Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts