One common misconception is that a person has to have a specific number of drinks in order to be in danger of a drunk driving charge. The reality is that how much you have to drink and how it affects your body, compared to how the same amount may affect a friend varies greatly based on many factors. If you are facing drunk driving charges, you need to retain experienced criminal defense lawyers who are ready to fight for you.
Drunk Driving Laws
To be convicted of drunk driving, prosecutors must prove you had a blood alcohol content above the legal limit for Virginia or prosecutors must show you were otherwise driving under the influence of alcohol. So a person who has had one drink may still face drunk driving charges if prosecutors can demonstrate the person’s driving was impaired by the consumption of alcohol.
Evidence such as how the person was driving, how he or she performed in field sobriety tests and why the person was stopped in the first place are usually heard to determine the driver’s guilt.
Factors such as a person’s weight, how much (or little) he or she ate before drinking, how quickly the drink was consumed as well as when, in relation to the observed behavior, the person was pulled over all are contributing factors. A small woman who hasn’t eaten all day and downs one drink just before driving away may show more impairment than a 250 pound man who downs a drink and the drives away. Sometimes prescribed medications may increase how even one glass of alcohol may affect a person.
In these cases, however, much of the evidence prosecutors have will be based on individuals’ reports. It is crucial to retain strong representation who are able to fight for your freedom. Call our criminal defense lawyers today for your free, initial consultation.