The Virginia State refers to driving with more alcohol level in blood that is illegal, as driving under the influence, or DUI. If you are not aware of the facts related to fatalities associated with driving under influence (DUI), let us remind you that the state of Virginia witness 200 lethal car crashes within a single year because of driving under the influence of alcohol. These statistics indicates towards the fact that there were more than 200 accidents because of driving with above legal blood alcohol level in Virginia, which resulted into loss of precious life of someone’s loved one. Therefore, it comes as no surprise that Virginia State has imposed strict laws for those who drive with more than legal blood alcohol level in Virginia.
All You Need To Know About Alcohol Level of Blood, Legal in Virginia
Similar to other states, the state of Virginia also measure legal blood alcohol level to decide whether an individual should be charged for a DUI offense based on their BAC. Measuring the blood alcohol content (BAC) of the driver is the most convenient method, which is used to obtain the evidence by the authorities to prove the charge of DUI. Legal blood alcohol level in Virginia is measured by taking either a breath test through Breathalyzer by the police officer or by taking a blood test within three hours of the arrest for a DUI. Under the VA. Code 18.2-269(A), the blood alcohol content result are considered as the indicators of whether the BAC of driver is above or below the alcohol level in blood deemed legal in Virginia.
Legal blood alcohol level in Virginia varies according to the age of the driver and the type of license. The alcohol level in blood which is considered legal in Virginia for an individual of less than 21 years of age is below .02 % and for an individual above the age of 21 is .08 % whereas if the driver holds a commercial driving license (CDL) than the alcohol level in blood which is considered legal in Virginia is .04 %. In case the blood alcohol content of a driver is less than .05 % then it would be presumed that the driver would not be charged for DUI. A blood alcohol content between .05 % and .08 % does not leads to a presumption that whether the driver is under the influence of alcohol or not. However, the alcohol level in blood above .08 % would lead to a charge of DUI.
The violation of legal blood alcohol level in Virginia at certain levels could lead to a conviction of DUI with an essential penalty of active jail time and fine. For instance, if a blood alcohol content of a driver is .15 % than there would be a minimum penalty of five days in jail and minimum fine of $ 500. One must also remember that a consequent violation of legal blood alcohol level in Virginia within five to ten years of previous DUI offense could result into more severe punishments. To know more about DUI, you could consult our experts at SRIS Law Group, P.C.
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