Drunk driving is a crime in Virginia. If police officers encounter someone who appears to be under the influence, they can pull that person over, administer tests and possibly conduct an arrest.
Typically, the state needs strong evidence to secure a conviction after bringing criminal charges against an individual. A police officer’s claim that an individual was drunk is not adequate evidence to justify a criminal charge in most situations.
What evidence does the state need to establish that drunk driving occurred?
Evidence of failed tests
Police officers assessing people for signs of intoxication may conduct field sobriety tests. Proof that a driver failed those tests could help convince the courts that they were under the influence.
Police officers can also perform chemical tests that help establish that a motorist had an elevated blood alcohol concentration (BAC). Most drivers are at risk of criminal prosecution once their BAC reaches 0.08%. A failed chemical test can be an adequate justification on its own for a drunk driving charge.
Proof of poor driving
Sometimes, drunk driving arrests happen after a car crash. Police officers arrive at the scene and realize that one of the people involved is obviously under the influence.
Other times, officers may witness a driver swerving or struggling to control a vehicle and traffic. Witness statements and video footage can provide evidence of impaired driving even if a collision doesn’t occur.
In some cases, it may be possible to eliminate certain evidence from criminal proceedings or to counter that evidence during a trial. Understanding what the state must prove to pursue drunk driving charges can help people develop realistic defense strategies.