Fighting a DUI in Virginia: Why Challenging Your BAC Isn’t Enough

If prosecutors can’t prove your blood alcohol concentration (BAC) was over the legal limit, you shouldn’t be at risk of facing a driving under the influence (DUI) conviction. Right? Not necessarily.

Even if you have grounds to challenge your BAC, you can still face a DUI conviction under Virginia law. As a result, regardless of the facts of your case, it is important to have an experienced Woodbridge DUI lawyer on your side. Prosecutors may be able to secure a conviction on other grounds as well—and, if prosecutors have other evidence against you, you will also need to successfully challenge this evidence to avoid a life-altering DUI conviction.

Why Challenging Your BAC Isn’t Enough in a Virginia DUI Case

To see why challenging your BAC isn’t enough, we can look at the plain language of Virginia’s DUI statute. Under Section 18.2-266 of the Virginia Code of Laws:

“It shall be unlawful for any person to drive or operate any motor vehicle . . . (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, [or] (ii) while such person is under the influence of alcohol . . . .”

Virginia’s DUI statute also includes language that prohibits driving under the influence of drugs. But, for our purposes here, we will focus specifically on the statute’s language regarding alcohol-related DUIs.

As you can see, one way prosecutors can prove a DUI is by showing that a defendant’s BAC was 0.08 percent or above. However, prosecutors can also prove a DUI by showing that the defendant was driving or operating a motor vehicle “under the influence of alcohol.” These are two completely separate ways that prosecutors in Virginia can secure a DUI conviction. In other words, prosecutors only need to prove one or the other—they do not need to prove both.

What Does It Mean to Be “Under the Influence of Alcohol”?

This raises a key question: What does it mean to be “under the influence of alcohol”? While Section 18.2-266 of the Virginia Code of Laws does not provide a definition, the Virginia courts have held that:

“A person is under the influence of alcohol if such person has drunk enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appearance or behavior as to be apparent to observation.”

This means that it is essentially up to the police to determine if a person is under the influence based on an arresting officer’s “observation[s]” during a traffic stop. When assessing drivers for possible alcohol intoxication, the police can consider evidence such as:

• Erratic driving that is consistent with alcohol intoxication (i.e., weaving from side to side, driving out of the driver’s lane, or failing to maintain a consistent speed);
• The driver’s physical appearance during the traffic stop (i.e., bloodshot eyes, drooping eyelids, dilated pupils, lack of motor control, or lack of balance);
• The driver’s speech during the traffic stop (i.e., slurred speech, repetitiveness, or inability to form coherent sentences);
• The driver’s overall physical or mental condition (i.e., slow or irregular breathing, confusion, difficulty staying awake, vomiting, or smelling of alcohol); and,
• The driver’s performance on the field sobriety tests (i.e., failing to walk steadily in a straight line, failing to stand steadily on one foot, or failing to maintain steady eye movements).

These are all forms of evidence (among others) that prosecutors may present in court as well. If prosecutors have enough evidence to prove that a driver was “under the influence of alcohol” behind the wheel, then it doesn’t matter whether prosecutors have reliable evidence of the driver’s BAC.

Challenging the Prosecution’s Evidence that You Were “Under the Influence of Alcohol”

Since prosecutors don’t necessarily need your BAC to secure a DUI conviction in Virginia, how can you avoid a conviction if prosecutors are pursuing allegations that you were “under the influence of alcohol” at the time of your arrest? While the defenses you have available depend on the specific circumstances of your case, some examples of potential defense strategies in these cases include:

• The Arresting Officer’s Observations Are Inaccurate – Arresting officers’ observations can be—and often are—inaccurate. If the police officer who arrested you inaccurately assessed your condition at the time of your arrest, you do not deserve to face the life-altering consequences of a DUI conviction.
• There is an Alternate Explanation for Your Driving Behavior or Appearance – Even if the arresting officer’s observations are accurate, there could be an alternate explanation for your driving behavior or appearance. Did you swerve to avoid a hazard in the roadway? Were you tired? Do you have a medical condition that impacts your appearance, balance, or speech? All of these are factors that could play a key role in your case as well.
• The Field Sobriety Tests Are Inherently Unreliable as Indicators of Intoxication – While prosecutors will use field sobriety test (FST) results whenever they have the opportunity to do so, there are several well-known issues with the FSTs. An experienced Woodbridge DUI lawyer will be able to raise these issues on your behalf.
• The Police Violated Your Constitutional Rights – Regardless of whether you were driving under the influence, if the police violated your constitutional rights, this could render the prosecution’s evidence inadmissible in court. Without admissible evidence, prosecutors won’t be able to secure a conviction.
• The Available Evidence is Insufficient to Prove Your Guilt – Even if prosecutors have some evidence of alcohol intoxication, they may not have enough evidence to prove your guilt beyond a reasonable doubt. If prosecutors cannot meet their burden of proof, you are entitled to a dismissal.

Discuss Your Case with an Experienced Woodbridge DUI Lawyer for Free

If you need more information about fighting a DUI charge in Virginia, we encourage you to contact us promptly. To schedule a free consultation with an experienced Woodbridge DUI lawyer at Stevens Caruso, call 703-897-1777 or tell us how we can reach you online now.