Newport News, VA asked in DUI / DWI for Virginia

Q: If you are below .08 can you still get arrested for drunk driving?

Related Topics:
3 Lawyer Answers
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.

Steve Miyares agrees with this answer

Steve Miyares
Steve Miyares
Answered
  • DUI & DWI Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: Yes. The issue is whether or not you were impaired by driving. A BAC of .08 creates the presumption that you were impaired. However other evidence, such as your performance on field sobriety tests or statements regarding your consumption of alcohol, can be used to establish that your driving was impaired.

Susan Fremit
Susan Fremit
Answered
  • DUI & DWI Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: Yes, you most definitely can be charged, but not necessarily convicted, of having a blood alcohol below .08. The offense is committed if you have a blood alcohol concentration .08 or greater while having control of a vehicle OR you were intoxicated, while while having such control. Many times, an experienced DUI attorney can obtain a good result if the BAC was below .08 and there were no real problems with the field sobriety tests, no slurring of words etc.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.