Law Offices of Christie A. Leary P.C.
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Many Virginia drivers mistakenly assume that if their blood alcohol concentration is less than .08 percent, they cannot be convicted of a DUI. However, according to Virginia Code, Section 18.2-269, the law will only presume that one is not intoxicated if their blood alcohol concentration (BAC) is .05 percent or less.

The law presumes that drivers with a .08 or above are legally intoxicated. For drivers with a BAC that is a .06 or .07, there is no presumption either way. In other words, drivers with a BAC of .06 or .07 could still be charged and convicted of a DUI.

It is important to keep in mind that prosecutors do not always go after drivers with a .06 or .07 BAC. Instead, one may be able to plead for a wet reckless charge instead of a DUI. The consequences for a wet reckless conviction are similar to a DUI in that one's license will likely be suspended for up to six months. One will be required to attend the Virginia Alcohol Safety Program (VASAP) in order to get one's license back. Generally, a wet reckless conviction carries fewer penalties than a DUI conviction and allows one to avoid the stigma of having a DUI conviction on one's record.

One can still face criminal charges for drunk driving with a BAC under .08. To discuss the specifics of one's case and find out more about one's legal options, consider speaking to a DUI attorney as soon as possible. One attorney can review the evidence and come up with a defense strategy to minimize the consequences. With the right strategy, charges may be reduced or dropped altogether.

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