Randall, Page & Bruch, P.C. – Attorneys at Law

“Buzzed” Driving Is Still A DUI

Randall, Page & Bruch, P.C.

You see the commercials of everyone drinking beers at a bar or at a house party. You tell your loved ones at home that you are just going out for one or two. Most of the time you are right. You only go out for one or two. However, this one time you have just one or two more. Surely you are okay. You had all those chicken wings! Our Virginia DUI attorneys at Randall, Page & Bruch, P.C. have heard the story all too well. We understand that everyone makes mistakes. We hear you and we are ready to help you get through this legal journey together.

Is .08 the magic number to avoid?

Nope! According to Virginia State Code 18.2-266, you can get arrested for driving a motor vehicle if your blood alcohol content is .08 or higher. To reach a .08 is dependent on the ratio of drinks to weight. For example, a 200lb person can drink one drink and only have a blood alcohol level of .02. However, if you weigh 120 lb, you can blow a .03. If you weigh more you may think that you can handle more alcohol, but that depends on how much you drink in an hour. Many believe that .08 is the number to avoid. If they blow under .08 they are safe from getting arrested. That is NOT the case.

According to Virginia State Code 18.2-269, if any person 21 years old and older driving a motor vehicle with a blood alcohol content of .05 but less than .08 can still be arrested for a DUI. People don’t realize that driving buzzed is the same as driving drunk in the eyes of the Virginia penal code system. Instead of having two drinks, you have three and are feeling a little happy. Stay at the bar or the house! Don’t get in the car. Just because you are not completely feeling the effects of alcohol does not mean that you will not have a blood alcohol content of .05 or between .05 and .08. The police will arrest you.

What To Do

Drinking out with friends in bars or parties is an art. Drink slow and consciously. Trying to keep up with people at the party causes you to drink more than you intended and not metabolize as quickly as you wanted. There is a chart that can help you better understand how alcohol affects your body by clicking here.

The penalties are heft if you are cut with a DUI. Without proper and equipped representation, you can lose your license for a whole year, get sent to drug and alcohol counseling, pay $250 fine, pay court costs, and/or end up in jail for no longer than 12 months. Those are high stake repercussions. Even if you are a repeat offender, there are options for you. If you are dealing with a DUI, you can contact us for a free consultation of your case by clicking here or by calling 757-742-6115.

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