Understanding BAC in Virginia DUI Cases

Blood Alcohol Concentration: The Evidence in a DUI Charge in Virginia

Drivers stopped by police for suspicion of being under the influence of drugs or alcohol are usually asked to perform several field sobriety tests. If there is an indication that the driver may have been driving while drunk or under the influence of drugs, there will be a chemical test administered. This is usually done with a breathalyzer in order to assess the drivers blood alcohol content (BAC). A BAC level at or above .08% in Virginia will lead to an arrest and being taken into custody. If a driver is under the age of 21 then the BAC level for arrest is .02%.

It takes only a couple of alcoholic drinks within a short period of time to escalate a person's BAC to these levels. The rules apply whether the driver is driving a truck, automobile, motorcycle or even a moped. Penalties for a DUI can include suspension of license, jail time, fines and the future challenges faced when there is a DUI conviction on your criminal record. If there is a passenger under the age of 18 or the vehicle is being used for commercial purposes the penalties are enhanced. In order to protect your rights and find out your legal options when facing a DUI arrest you should immediately contact a Virginia DUI lawyer at the Law Offices of Michael A. Pignone to determine what can be done to defend your case.

Have you been charged with DUI in the Fairfax, Fauquier or Prince William County areas?

If you have been charged with a DUI, you have the immediate right to a lawyer to protect your rights and represent you. A lawyer should be present at all times when making a statement, plea or explanation of any kind. It doesn't matter what BAC level registered - your test may have been improperly administered. It is imperative that you contact and engage the services of your own attorney prior to speaking with anyone else. There have been instances of BAC results which were obtained at the time of the incident in the field being found to be inaccurate; breath testing units can fail, as can any testing system. A failure to properly calibrate, maintain or other problem with the testing unit used could be present in your case. You deserve to find out before deciding how to plead.

When blood is tested, it must be done correctly. For example, should the individual taking the sample swabs your arm with alcohol, it could impact the outcome of your blood test. If the sample tested was not tested correctly (if only plasma was tested) you could also have an incorrect BAC level. There are many problems with breathalyzer testing units that have come up over time, and you owe it to yourself to find out about your individual case before you just plead guilty and take the heavy punishments that are imposed in Virginia. At the Law Offices of Michael A. Pignone, the attorney is ready to help.

Contact the Virginia DUI defense lawyer to find out more about BAC evidence and how it could be challenged in your case.