However, if a person drinks several drinks in a short period of time, the blood alcohol level can easily last more than 2 hours. Just because you`ve stopped drinking and feeling sober doesn`t mean you won`t be more intoxicated while driving. This is especially true after drinking several alcoholic beverages. Drinking. Conduct. Decree. Encumbered. If this has happened to you, you probably need the help of a legal expert. A conviction in Virginia for impaired driving carries harsh penalties and consequences.
A good first step to understanding if you can defend your case is to talk to an experienced Virginia DUI attorney in your corner of the forest. Enforcement resources are limited. With a stricter blood alcohol level, the same number of police officers will hunt down many more offenders. Officers who spend time and effort tracking drivers who barely cross the legal limit are not available to stop those with a blood alcohol level two or three times higher. Strict enforcement of existing laws against heavily intoxicated drivers who are repeat offenders is probably a much more effective solution. Ignition locks can also be used to disable the most irresponsible drivers without disturbing social drinkers who pose no threat to anyone. How alcohol affects a person`s blood alcohol level is highly dependent on that person`s individual characteristics. Traits that can affect a person`s blood alcohol level include: People are often confused about what constitutes drunk driving. This is because alcohol affects different people differently and many factors play a role.
Everything from your height to your gender — not to mention your tolerance — affects how your body processes alcohol. If you have any questions about a charge of driving under the influence of alcohol in Richmond, Henrico, Chesterfield or surrounding counties, please contact Winslow & McCurry, PLLC attorneys at (804) 423-1382 or email us at info@wmmlegal.com. Most people believe that if you have a blood alcohol level below 0.08, you can drive safely and not be charged with impaired driving (DWI). In Virginia, however, this is not the case. Consuming any amount of alcohol before driving interferes with a driver`s ability to operate a motor vehicle safely. Popular culture has ingrained in us the belief that the «legal limit» is 0.08. Currently, the blood alcohol limit (BAC) for driving in Virginia is 0.08. For the average man, that`s about three drinks in an hour. For a woman, it is often less. However, the National Transportation Safety Board (NTSB) believes that a limit of 0.08 blood alcohol levels is too high and wants it lowered. However, lowering this limit will have little impact on accidents under the influence of alcohol. However, this will penalize responsible drivers who just want to relax and enjoy a beer after work.
In Virginia, the law makes the following assumptions based on a person`s legal limit regarding alcohol: If you`ve been convicted of drunk driving, your license will likely be suspended for a year. However, you may be able to apply for a limited license if this is your first violation. There are several terms and conditions that come with the limited license, but one important requirement is your registration in the Virginia Alcohol Safety Action Program (VASAP). This is an alcohol education and assessment program designed to make an accurate assessment of the driver`s alcohol or drug use and help them get treatment or counseling if needed. If the idea behind blood alcohol limits is to keep impaired drivers off the road, lowering the legal limit is unlikely to achieve that goal. Avoiding driver-impaired crashes is a goal worth supporting, but lowering the legal blood alcohol limit will likely only affect moderate drinkers who pose no threat to public safety. The NTSB`s recommendation of a blood alcohol limit of 0.05 is so low that a 120-pound woman could be prosecuted for driving after consuming a drink. A few beers for dinner could push a 150-pound man above the legal threshold.
Our drunk driving laws should target hardened offenders, not responsible social drinkers. According to the points system in Virginia, all accumulated points remain in your account for 2 years. A DUI is rated 6 points, but if you get a DUI, points are the least of the problems. Virginia`s drunk driving laws require that the penalty for your drunk driving be based on the distance within which you exceed the legal limit. There are also provisions for several offences. The breakdown is as follows: Blood alcohol level of 0.08% or higher: Class 1 offences with a fine of at least $500 and a minimum of 20 days in jail (plus minimum penalties for higher alcohol levels). Even without a conviction, a driver whose blood alcohol level is above the legal limit will be temporarily suspended from driving. In the case of a first violation, the blocking period is seven days. This period is extended to 60 days for a second offence, although this period may be shortened if the trial date is earlier than the end of the 60 days.