Drunk driving is a serious issue, and most people are aware of the potential consequences. Even your favorite alcoholic beverages clearly state on their labels that consumption should not be followed by driving or operating machinery.

However, despite this high level of awareness, many Americans still drive while intoxicated, causing catastrophic but preventable accidents. Data shows that 37 people lose their lives to drunk driving accidents every day—that’s one person every 39 minutes.

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Looking at Virginia,  one person lost their life every day, and 11 others were injured in alcohol-related road crashes in 2022. Worse, alcohol was a key contributor to 27 percent of all fatal vehicle accidents that year. There is no doubt that drinking and driving don’t go hand in hand. If you or someone you know has been involved in such an incident, speaking to attorney Kellam T. Parks of Parks Zeigler, PLLC is a good idea.

Given how much of a menace drunk driving has become, it’s no wonder the Old Dominion State has such strict DUI laws. That being said,  this blog will take you through the legal nuances of drunk driving offenses and list some of the applicable defenses.

What Does Drunk Driving Mean?

Every US state has its very own definition of drunk driving. In Virginia, the following situations culminate in a DUI arrest:

  • A Blood alcohol content of 0.08 or higher
  • When your ability to operate a motor vehicle is impaired, even with a lower BAC
  • Underage driving while alcohol-impaired
  • Commercial vehicle DUI
  • Driving under the influence of drugs

If you are arrested for any of the mentioned offenses, it’s not the end of the road. The first thing you should do is contact a qualified DUI defense attorney. They will analyze the facts of your case in search of elements that can reduce the penalties or get you acquitted.

Defenses to DUI Charges

As you may well know, it is upon the prosecution to prove beyond a reasonable doubt that you were indeed driving while intoxicated. Here are some of the fundamental questions that will form the basis of the case:

  • Whether you were in the driver’s seat
  • The position of the car keys
  • The location of the vehicle
  • The status of the vehicle at the time of the arrest (running or not)

These factors will help the prosecution determine whether you were in actual control of the vehicle while inebriated. Your attorney could argue you were not behind the wheel at the time.

Additionally, the district attorney’s office will rely on the evidence the arresting officer collected at the scene. Try not to say anything that could hamper your chances of getting favorable outcomes. This may include:

  • Your utterances, such as, “I only had a few drinks”
  • Witness, officer, or suspect testimony concerning unusual driving habits
  • Video, audio, and photographic documentation of the scene

The arresting officer will probably have observed your behavior at the stop for signs of intoxication. Here are examples:

  • Staggering
  • Alcohol breath
  • Bloodshot eyes
  • Cheeks or face are flushed red
  • Inability to keep still
  • Slurred speech

By virtue of using Virginia’s roads, you have consented to a breath and/or blood test upon arrest for DUI. If you fail to comply, the law requires courts to suspend your license for at least one year. The penalties for drunk driving can be quite harsh, and they should be enough to deter people from committing the act.

Regardless, your attorney may still contest the validity of the test results. Sometimes, the machines that administer these tests may not be properly calibrated. At the same time, the officer may not have followed the correct procedure during administration.  You may even have failed the test because of reasons other than intoxication, including weight, lack of physical ability, a medical condition, or disability.

Conclusion

If you are arrested on a drunk driving charge, it is imperative that you consult a DUI defense attorney. They may be able to help you with various defense strategies, such as challenging the validity of the test results.