You were pulled over for suspected drunk driving. Before any other testing, you were given an on-the-spot Breathalyzer test and blew .08 percent. No other tests followed, instead, you were handcuffed and hauled off in a cop car, packed into a holding cell with vagrants and began feeling like the lowest of the low. Now you find you are facing charges of DUI because you were “per se” above the legal limit.
The per se law is meant to convey that no matter how sober you may feel, if you are operating a vehicle at or above the .08 percent BAC limit, you can be charged with driving while intoxicated.
Exceeding the per se legal limit does not, by any means, indicate that your case is closed, and you are going to be definitively found guilty. Many cases have satisfactorily concluded in the defendant’s favor because a Breathalyzer reading was thrown out.
If you were pulled over on a suspicion of driving while impaired and you blew at the per se legal limit and were subsequently arrested, there are many defenses that may apply to your particular case and circumstance. Only by consulting a Virginia criminal defense attorney with a strong background in DUI charges will you be able to thoroughly explore the many possible defenses and the repercussions that may be lesser than your current charges warrant. A criminal DUI charge is not a minor charge, it is serious and can have far-reaching consequences and should be handled promptly and with as much information as possible.