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How Can The Case Be Proven?

Generally, prosecutors prove a DUI case under three methods. The first and easiest method for the Prosecutor to convict a person is by showing that the Defendant's blood alcohol level was a .08 or more. (This is usually done by a breath test). Under this "per se" method, if the breath test reveals a blood alcohol content of 0.08 or more, then the prosecutor need not prove anything else. The person is, by law, considered guilty of DUI. Simply stated, at that point, instead of being innocent until proven guilty, the Defendant is presumed guilty and must then prove his innocence. The other method is used if there is no breath test or other chemical evidence. The prosecutor must prove that the person is guilty by showing that the Defendant was "under the influence" of alcohol or drugs. As stated in the introduction, the prosecutor will use driving behavior and the field sobriety tests to establish that the Defendant was under the influence.

Other Virginia Drunk Driving Defense FAQs

Q: What Is The Difference Between Dwi And Dui?
A: Driving while intoxicated (DWI) and driving under the influence (DUI) in some states are separate offenses. Generally, DWI is the more serious offense involving a … More
Q: What Is The Definition Of Dui?
A: DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has … More
Q: What Is The Punishment For Drunk Driving?
A: In Virginia, a DUI is a Class 1 misdemeanor. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges … More
Q: What Are The Penalties For Subsequent Offenses?
A: The Virginia Code also sets forth a number of more severe punishments for second and third offenses. Second offenses, upon conviction, result in a mandatory jail … More
Q: What Do Police Officers Look For While Searching For Drunk Drivers On The Highway?
A: According to research by the National Highway Traffic Administration, police officers look for drunk drivers based on the following: making a wide radius turn; … More
Q: Do I Have To Take A Breath Test Or Any Other Chemical Test?
A: Simply stated, no. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give the … More
Q: What If The Police Officer Failed To Read Me My Rights?
A: There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to … More
Q: After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?
A: Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a … More
Q: Do I Have A Choice Of Blood Alcohol Level Tests?
A: At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is … More
Q: Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?
A: Recently, Virginia began suspending DUI suspect's licenses for 7 days following their initial arrest. When this law first went into effect, there were many legal … More