In Virginia, blood alcohol concentration (BAC) is one of the key factors in determining whether or not you will be charged with DUI. Not surprisingly, it is also one of the most important issues for an attorney to take into consideration when building a defense strategy.
BAC Limits In Virginia
The legal limit for blood alcohol concentration is .08. However, this limit only applies to drivers age 21 and older. Drivers under 21 can be charged with driving after illegally consuming alcohol for having a BAC of .02 or above. Additionally, truck drivers and other commercial drivers have a BAC limit of .04. Moreover, higher BAC can lead to mandatory sentences not subject to being suspended.
If it is determined that you were driving under the influence of drugs and your ability to drive was impaired, you may be charged with DUI regardless of your BAC.
How BAC Is Measured
The most common method that law enforcement uses to measure the concentration of alcohol in a person's blood is with a breath test. This test will typically be administered at the time of the traffic stop. The breath test machines are somewhat delicate instruments. They must be properly maintained and calibrated to be accurate, and police officers must follow their training when administering them.
In some cases, blood tests may be used to determine blood alcohol concentration. While this method is sometimes considered more accurate than breath tests, it comes with its own set of weaknesses that must be considered when defending against DUI charges.
BAC And Your Defense Strategy
Make no mistake: Just because your test results were over the legal limit does not mean that you have no options. On the contrary, an experienced lawyer may still be able to achieve positive results in your case. At Ronald E. Smith, P.C., in Fairfax, we know the weaknesses inherent in such test results. It may be the difference between a conviction and an acquittal.
Discuss BAC With An Attorney For Free
Call 703-539-5825 or email to request a free telephone consultation today.