February 8, 2015- Richmond, VA
Nearly 400 Dominion customers were left without power after a woman crashed into a utility pole in the 5900 block Forest Hill Avenue.
Police are reporting that the collision occurred at approximately 1:30 a.m. Sunday morning. The driver was subsequently arrested on suspicion of drunk driving and is now charged with driving under the influence (“DUI”).
The legal penalties for drunk driving increase with both the amount of prior drunk driving convictions and with the blood-alcohol content (“BAC”) recorded at the time of arrest.
In Virginia, the legal limit for intoxication begins at 0.08 BAC. Drivers operating a motor vehicle within the Commonwealth implicitly consent to having their breath and/or blood sampled for the purpose of determining alcohol and/or drug content.
Virginia law requires drivers to provide a breath sample unless the appropriate machine is unavailable or a driver is physically incapable to submit one. In either scenario, the driver will be required to provide a blood sample instead. By law, refusing to submit to a breath and/or blood test carries a separate offense of refusal as well as DUI.
While being tested, drivers must be advised of their right to observe the analysis process, allowed to see the blood-alcohol reading on the machine, and be provided with a copy of the printout result from the breath test. Testing to determine a driver’s BAC must also be conducted within three hours of the offense.
The BAC is not only the determining factor in a DUI case, however. Virginia law requires that a court look at all of the evidence in a case before determining guilt or innocence. This type of fact-intensive analysis requires extensive knowledge and experience. If you or a loved one has been charged with driving while intoxicated, contact the attorneys at ReidGoodwin today to learn about all of your legal options.