Proposed Virginia DUI Law Eases Burden of Proof for BAC
Posted on Feb 06, 2007
A Bill introduced in the Virginia House of Delegates proposes to close a loophole in the DUI statute which makes it unlawful to drive while the driver has a Blood Alcohol Content of .08 or above. The proposed bill would make it unlawful to have a BAC of .08 or above at any time after driving.
The bill was proposed in response to a perceived "loophole" that a driver could offer expert testimony (usually from a toxicologist) that his BAC while driving was lower than .08. The sad thing about this as with so many laws dealing with DUI is that it is a scientific fact that one's BAC rises then falls after consuming the last alcoholic drink.
What legislators and prosecutors and self-interested anti-alcohol groups are complaining about is an individual charged with a crime asserting their Constitutional right to trial and actually proving that their BAC while driving was below .08; that they were actually innocent. Only in DUI defense does "actual innocence" become a loophole.
To read the proposed bill, click here