Can I Fight a DUI Charge if I Blew Over the Legal Limit in Prince William County?

The police pulled you over on suspicion of driving under the influence (DUI), and you blew over the legal limit. Does this mean your DUI case is already over? Or is it still worth hiring a Prince William County DUI attorney to fight your case?

Blowing above the legal limit does not necessarily mean that you will be convicted of DUI in court. Even in this scenario, you may have various defenses available. Once you hire an experienced Prince William County DUI attorney to represent you, your attorney will be able to examine the circumstances of your case and determine what defenses he or she can assert on your behalf.

Virginia’s Legal Limits for DUI

First, let’s talk about Virginia’s legal limits for DUI. Like other states, the Commonwealth has three different legal limits that apply in different circumstances:

Drivers Under Age 21: 0.02 percent blood alcohol concentration (BAC)
Commercial Drivers Age 21 and Older: 0.04 percent BAC
Non-Commercial Drivers Age 21 and Older: 0.08 percent BAC

Virginia also imposes enhanced penalties in cases involving BACs of 0.15 percent or above and 0.20 percent or above. If your BAC was between 0.15 percent and 0.19 percent, you are facing a mandatory five-day jail sentence. If your BAC was 0.20 percent or above, you are facing a mandatory jail sentence of 10 days.

Fighting a DUI in Prince William County if You Blew Over the Legal Limit

So, what are your options if you blew over the legal limit? Regardless of your BAC reading, you may have a variety of options for fighting to avoid a conviction. Some examples of potential defenses in this scenario include:

The Breathalyzer Device Was Faulty or Not Properly Calibrated

In DUI cases, the prosecution has the burden of proving your guilt beyond a reasonable doubt. If prosecutors are intending to rely on your BAC, this means that they must be able to prove that your BAC reading is reliable.

Your BAC reading could be unreliable for various reasons. One possibility is that the breathalyzer device was faulty or was not properly calibrated. If prosecutors cannot prove that your BAC reading accurately reflects your level of intoxication at the time of your arrest, you do not deserve to face a DUI conviction in Prince William County court.

The Police Improperly Administered the Breathalyzer

Your BAC reading could also be unreliable if the police improperly administered the breathalyzer after your traffic stop. The Prince William County police must follow strict protocols when conducting breath tests, and if they failed to do so in your case, this could call the reliability of your BAC reading into question as well. From the patrol car’s dash camera footage to your own testimony, your attorney may be able to use various forms of evidence to expose flaws in the testing process.

Your BAC Increased After the Police Stopped You (the Rising BAC Defense)

Another possible defense to a DUI based on a high BAC is that your BAC increased after the police pulled you over. This is commonly referred to as the “rising BAC defense.” When you drink, your BAC doesn’t rise to its highest level immediately. Similarly, when you stop drinking, your BAC doesn’t stop rising right away.

In fact, your BAC can continue rising for up to two hours—and even longer in some cases—after your last sip. This means that your BAC could have been higher when you took the breathalyzer than it was when you were behind the wheel. If your breathalyzer result does not reflect your BAC at the time you were driving, this could serve as a defense to your DUI charge as well.

There is an Alternate Explanation for Your High BAC

While consuming alcohol is one possible explanation for a high BAC, it is not the only possible explanation for your BAC being over the legal limit. For example, various medical conditions can affect your BAC. If there is an alternate explanation for your high blood alcohol concentration, you do not deserve to face the life-altering consequences of a DUI conviction in Prince William County.

The Police Violated Your Constitutional Rights

As a general rule, the police cannot stop you without reasonable suspicion, and they cannot arrest you without probable cause. These are fundamental rights afforded by the U.S. Constitution and applied to the states by the Fourteenth Amendment. If the police violated your constitutional rights, the prosecution’s evidence against you—including your BAC reading—could be inadmissible in court. If your Prince William County DUI attorney can keep the prosecution’s evidence out of court, the prosecution won’t be able to prove your guilt beyond a reasonable doubt.

Challenging Your BAC Might Not Be Enough to Avoid a DUI Conviction

While there are several potential ways to challenge your BAC reading in your Prince William County DUI case, it is important to keep in mind that this might not be enough to avoid a conviction. While prosecutors can secure a conviction based on your BAC, they can also secure a conviction based on evidence that you were:

Under the influence of alcohol;
Under the influence of any narcotic or other self-administered drug; or,
Under the combined influence of alcohol and drugs.

If prosecutors can prove that you were “under the influence,” they do not need your BAC. As a result, when you discuss your case with a Prince William County DUI attorney, you will need to speak with your attorney about any other defenses you may be able to assert as well.

Discuss Your Case with an Experienced Prince William County DUI Attorney for Free

If you are facing a DUI charge in Prince William County, we encourage you to contact us promptly for more information. We have extensive experience representing clients in DUI cases, and we can use that experience to help protect you by all available means. Call 703-897-1777 or contact us online to schedule a free consultation today.