Drunk driving charges are relatively common in Virginia. Also known as driving under the influence (DUI) or driving while impaired (DWI) offenses, drunk driving can lead to misdemeanor or felony charges.
The circumstances dictate the charges that the state pursues and also the penalties that the courts might impose after a conviction. The penalties imposed after a conviction can include jail time, fines and a driver’s license suspension. Many people facing drunk driving allegations choose to plead guilty, as they assume that their opportunities for fighting the charges are limited.
Defendants who understand what the state must prove to secure a conviction at trial may feel more confident about working with the lawyer to defend themselves. What evidence is typically necessary for the state to secure a drunk driving conviction in a criminal trial?
Proof of impaired driving
The law prohibits driving in an intoxicated state. If a motorist recognizes that the alcohol they consumed has affected their ability to focus, react appropriately and safely control a vehicle, then they should not get behind the wheel.
Video footage of a driver behaving erratically in traffic, witness statements about unsafe behavior and photographs from a collision caused by the allegedly drunk driver could all help the prosecutor convince the courts that the driver was too impaired to safely and legally drive. Field sobriety test results can also support claims of impaired ability.
Evidence of high alcohol levels
The state does not necessarily need to prove a driver struggled in traffic to bring charges successfully. The law doesn’t just prohibit driving when in a clearly impaired state. It also imposes strict limits on a motorist’s blood alcohol concentration (BAC).
Adults operating standard passenger vehicles cannot legally drive after their blood alcohol concentration BAC reaches 0.08%. Failed chemical tests can be sufficient proof of drunk driving even without evidence of a crash or erratic behavior in traffic. Medical issues and problems with a test device could help explain why people failed a test.
Depending on how the state intends to pursue a case, an accused motorist could have multiple options available as they prepare for trial. Fighting drunk driving charges typically requires thorough planning, but those with the right support can potentially avoid convictions.