In 2007, a Virginia Court of Appeals ruled against the specific wording in Virginia DUI statutes which state a "presumption" of intoxication if a motorist's blood alcohol content (BAC) is .08 or above. The ruling declared this wording unconstitutional, as, in the United States, an individual is presumed innocent until proven guilty in a court of law.
This ruling ordered that Virginia courts must interpret the words "shall be presumed" to mean "may be inferred", which in turn, paved the way for citizens to challenge and win their Virginia DUI cases.
How Does this Ruling Help a Virginia DUI Defense?
Now that motorists with a .08 BAC are no longer presumed guilty of DUI, they may argue the evidence that the state has against them, and fight their DUI charge. A good Virginia DUI attorney should have experience in questioning evidence during your DUI trial. He or she may bring into question:
- The reliability of your breathalyzer analysis
- The inefficiency of roadside tests
- The fact that your BAC at the time of driving was lower than at the time of the reading
- And any other evidence or testimony specific to your case
Learn more about Virginia's stance on Blood Alcohol Tests by visiting our article library.
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