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Why You May Face DUI Charges Even If You Blow Less Than .08

Darwyn L. Easley
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Attorney and Counsellor at Law

Nearly every driver is aware of the fact that Virginia law dictates that driving with a blood alcohol level higher than .08 is illegal. What many do not realize, however, is that a DUI charge can occur even if your blood alcohol does not exceed that limit. Virginia law makes it illegal to drive while impaired by alcohol. This is true regardless of your blood alcohol level at the time.

When You May Face a DUI Charge Even If Your Blood Alcohol Level Is Lower Than .08

Even if you only had one drink before getting behind the wheel, you can still be arrested and charged with a DUI. This may be true under the following circumstances:

  1. You are under the age of 21. If you were not of legal drinking age, the standard for a DUI charge is much lower. You may be charged with a DUI if you have a blood alcohol level over .02%.
  2. You have a Commercial Driver License. The BAC limit for professional drivers while on duty is .04%
  3. You were driving with children in the car. In many states, even if you have a low blood alcohol level at the time, if you were driving with children in the car you may be charged with DUI if you have any alcohol in your blood.
  4. You were taking medication and had an alcoholic beverage. If the combination of these substances leaves you noticeably impaired, you may potentially face a DUI charge even if your blood alcohol level is less than .08
  5. Time has passed between when your blood alcohol level was measured and when you were driving. If your blood alcohol level was measured just shy of being over the legal limit, the prosecutor could potentially argue that your blood alcohol level must have been over the limit at the actual time that you were driving.

Since a driver can be charged with a DUI regardless of whether or not their blood alcohol level was above .08 at the time, it is crucial to seek assistance from an experienced legal professional. If you are charged with DUI when you thought you were okay to drive, you are entitled to hire an attorney to protect your legal interests. We are here to help. We encourage you to contact us today for more information at 888-386-3898.

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Easley Law Firm

  • 10521 Judicial Drive
    Suite 205

    Fairfax, VA 22030
  • Phone: 703-865-6610
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  • Toll Free: 888-386-3898
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