Go to navigation Go to content
Phone: 804.673.5600
Bob Battle Law

Get Help Now

Need Help? Have Questions? Fill out the quick contact form below and we'll will be in contact soon!

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