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