Driving while intoxicated (DWI) charges are somewhat common in Virginia, but many people still misunderstand them. Also known as driving under the influence (DUI) offenses, DWI charges can lead to jail time and financial penalties, as well as the loss of driving privileges.
People accused of DWI offenses sometimes make incorrect assumptions about the allegations against them and their options for fighting those charges. For example, some people believe that they could show that their driving was not at all compromised despite the state’s claim about their chemical state. Unfortunately, proof of elevated alcohol levels may be the only evidence the state needs.
Impairment isn’t necessary for DWI charges
Drivers have a responsibility to self-police and stay off the road when they notice diminished driving capability, possibly due to taking medication or consuming alcohol. They also have a responsibility to avoid driving with an elevated blood alcohol concentration (BAC).
Virginia state statutes clearly prohibit operating a motor vehicle with a BAC of 0.08% or higher. That prohibition applies regardless of whether there is any verifiable impact on the driver’s ability to operate a vehicle.
Those accused of a DWI may need support to develop a defense strategy. Common tactics include questioning the accuracy of test results or suppressing evidence rather than trying to prove that the defendant has a high alcohol tolerance or drove well before a traffic stop.
DWI statutes prohibit not just impaired driving but also driving after ingesting enough drinks to exceed the legal BAC limit. Working with a criminal defense attorney can help people understand the law and the right strategies to use when facing charges.