Nearly every driver knows that driving with a BAC (blood alcohol concentration) level of 0.08% or above is unlawful. However, most people are unaware that a driving under the influence (DUI) charge can still occur even if your BAC level does not exceed the legal limit.

What was a fun night with your friends could quickly become a nightmare when police select your car to pull over on suspicion that you are drunk driving. Even if your BAC level is below the legal limit, the police can still arrest you on suspicion that you were drunk driving or impaired driving.

Many questions will cross your mind if you are under investigation or arrest for an alleged DUI charge, but you have options. Although it is a severe offense in the eyes of the law, with the services of a skilled defense attorney, you could beat the alleged DUI charge for the best attainable outcome.

What Do I Need to Know About DUI?

Unfortunately, DUI or driving under the influence offense is common despite great efforts by law enforcement officers to curb these cases on our roads. According to DUI law section 18.2- 266, it is illegal to operate an automobile under the influence of illegal drugs or alcohol.

For the sake of this statute, being "under the influence" means you cannot drive or operate a car as a sober driver would under the same circumstances due to drug or alcohol intoxication.

To curb and stop impaired driving cases, police officers have the authority to put sobriety checkpoints on highways. A sobriety checkpoint is typically a predetermined location where police officers check and perform sobriety tests on random drivers they suspect could be driving under the influence.

Although a police officer can stop any vehicle at a DUI checkpoint, below are some of the signs that can tell a police officer that you could be drunk driving:

  • Swerving
  • Making sudden stops
  • Car equipment violations, for example, missing headlight
  • Making improper lane changes

Once you stop at a DUI checkpoint, the police officer will conduct a less than five minutes DUI investigation to know whether or not you were impaired driving. Apart from blowing a breathalyzer, the officer could also require you to perform different field sobriety tests (FSTs), including:

  • Walk and turn test
  • One-leg stand test
  • Horizontal gaze nystagmus test

Although you can decline to take these tests without any penalty, it is advisable to cooperate with officers after a stop at a DUI checkpoint. If the officers do not have probable cause to initiate an arrest for an alleged DUI, they will release you shortly to go on with your journey.

The police can only arrest you at a DUI checkpoint if they have probable cause to believe you were impaired driving. Performance on the above standard FSTs, slurred speech, red eyes, watery eyes, and alcohol odor in your breath are examples of indicators that you could be impaired driving.

If you encounter a DUI checkpoint and you had a few drinks, the police can still arrest you on suspicion that you were impaired driving. Apart from losing your driving license, when guilty of the alleged DUI charge under this statute, you could end up in jail for up to one (1) year.

If you have an alleged DUI offense, a profound and skilled defense attorney can offer you the necessary legal help to counter the charge at every stage of the criminal justice system for a favorable outcome.

Instances When a DUI Charge Can Occur For Blowing Under the Legal Limit

Your breathalyzer test results could be below the legal limit, and you still find yourself in trouble with the law for an alleged DUI offense. Below are various types of DUI offenses where a DUI arrest and charge can occur even when your BAC level is below the legal limit:

Drunk Driving (Below the Legal Limit DUI)

Generally speaking, it is unlawful to drive with any amount of alcohol in your bloodstream, even if you feel like you can operate a vehicle like a sober and cautious driver. Unlike what most people assume, the police officer will not consider you "sober" even when your blow is below the legal limit.

According to DUI law section 18.2- 266, even if your BAC is less than 0.08%, there are chances that you cannot drive a vehicle like a cautious and sober driver would under the same situation due to alcohol intoxication.

Apart from your performance on FSTs and breathalyzer test results, below are other signs of intoxication the officer will consider to determine whether or not you were impaired driving:

  • Whether or not you have bloodshot eyes
  • Whether or not you have slurred speech
  • Whether or not there is a smell of alcohol from your breathe
  • Whether or not there was erratic driving

If, by any chance, you are incapable of providing a breath test, the officers could require you to follow them at the station for a blood test to know your exact BAC level. Blood tests can also reveal whether or not you were driving under the influence of controlled substances like marijuana.

Although police officers rely on blood test results as the most accurate way to gauge a driver’s BAC level during a DUI investigation, they are also prone to errors. With a reliable DUI defense attorney in your corner, you can challenge this sobriety test's results for the best possible outcome on the alleged DUI charge.

When police arrest you for an alleged DUI charge and your BAC level is lower than the legal limit, consulting an attorney should be your first step. A skilled defense attorney can help you challenge the arresting officer's evidence against you for a lighter charge or acquittal of the entire DUI case.

Driving Under the Influence of Drugs (DUID)

Section 18.2-266 of DUI laws also make it illegal to operate a vehicle under the influence of prescription drugs or other controlled substances. Since a breathalyzer does not test the presence of drugs in a driver's blood system, you could be impaired, and your blow is less than the legal limit of 0.08%.

If the officer believes that you could be driving under the influence of drugs or narcotics, he/she would request you to perform the FSTs mentioned above. Typically, your performance on these FSTs helps the officer gauge your physical and mental ability to drive a vehicle like a cautious driver.

In addition to your performance on various sobriety tests and objective signs of intoxication mentioned above, the officer will also look for the following evidence during a DUID investigation:

  • The smell of drugs like marijuana from your mouth or car
  • Statements that show intoxication or the use of drugs
  • Any visible drug paraphernalia or drug bottles in your car
  • Your drug use history

While at the police station, the officer could require a blood sample from you to gauge whether or not you have illegal drugs in your bloodstream. Typically, there are different blood concentration limits for different types of unlawful drugs:

  • 0.1 milligrams per 1000 milliliter of blood for meth (methamphetamine)
  • 0.02 milligrams per 1000 milliliter of blood for cocaine
  • 0.1 milligrams per 1000 milliliter of blood for methylenedioxymethamphetamine
  • 0.01 milligrams per 1000 milliliter of blood for phencyclidine

If your blood test results exceed the above levels while operating a car, the prosecutor will charge you with a DUID offense. From a penalty standpoint, a conviction for a DUID offense will attract similar penalties as a conviction for a DUI offense.

In most cases, a first-time DUID charge is typically a class one (1) misdemeanor offense in the eyes of the law punishable by up to a year in jail and fine not exceeding $2,500.

To stand a chance of countering the DUID accusations you are up against, you should hire an attorney who comprehends the complexities of the legal justice system. A skilled and experienced defense attorney could know available plea options you can choose to divert your case from the criminal justice system, which could result in a conviction.

If you are ineligible for a pretrial drug diversion program, your defense attorney will still be your voice during incoming court procedures for the best possible outcome. There are several innocent reasons why your blood test results could reveal drugs in your system even if you did not take any controlled substance. Some of these reasons include:

  • The equipment was faulty
  • Unclean testing equipment
  • Improperly labeled samples
  • Contamination of samples
  • Failure by the lab the officer in charge or lab technician to follow proper testing procedures
  • You have diabetes

If your defense attorney suspects that your blood test results are possibly inaccurate due to the above reasons, he/she can file a motion to suppress this evidence from being used against you in court. That means this evidence will not apply against you at trial, increasing your chances of beating the alleged DUID charge for the best favorable outcome.

DUI With a Child Under 17 in Your Car

According to section 18.2-270 of DUI laws, driving under the influence of alcohol or drugs with a minor onboard is illegal. For the sake of this statute, having a minor in your car at the time of the arrest on suspicion that you were impaired driving is an aggravating factor that can increase your sentence upon a conviction for the alleged DUI offense.

Generally speaking, the court will consider DUI with a child under 17 as a form of child endangerment. Even if your BAC level were below the legal limit at the time of the arrest, the prosecutor would still charge you with the offense of DUI with a child.

According to sections 18.2-270 of DUI laws, there will be a mandatory and additional sentence to the underlying penalties for DUI or DUID charge conviction if you had a child in your car at the time of the arrest. For a first-time DUI charge conviction, the sentence will be:

  • A mandatory minimum jail term of five (5) days
  • A fine ranging from $500 to $1,000

For the sake of this statute, the above sentence should be additional and consecutive to the underlying penalties for a DUI or DUID charge conviction. In some cases, the prosecutor could file both DUI and child endangerment charges against you simultaneously. If you are guilty of both crimes, you will have multiple convictions on your criminal record for a similar incident.

In addition to the lengthy jail term and fine, a conviction for a DUI with a child crime can carry long-lasting consequences. For instance, during a child custody case, the judge could consider you a threat to your child's safety if you have a conviction for a DUI with a child offense on your record.

You will need the services of an aggressive attorney if you are under arrest for an alleged DUI with a child charge. Your defense attorney will fight on your behalf during the prosecution process to avoid the detrimental consequences of a conviction or have the alleged charge reduced to a less severe offense with less severe punishments.

Underage DUI

According to DUI laws under section 18.2-266.1, it is illegal for a person aged below 21 years to operate a vehicle after unlawfully consuming alcohol. More specifically, this statute makes it illegal for an underage person to drive with a BAC level of 0.02% or above.

Since it is still unlawful for underage to drink alcohol, the police will arrest you for an alleged underage DUI charge even if your BAC level is below 0.02%. To secure a conviction against you for the alleged underage DUI charge, the prosecutor must prove the following facts beyond a reasonable doubt:

  • Your BAC level was 0.02% or above at the time of the arrest
  • You illegally consumed alcohol, meaning you are under 21 years

Although 0.02% is the BAC legal limit for someone under 21, a DUI charge and conviction can occur even when your BAC level is less than that. That means even if you can operate a vehicle safely, any amount of alcohol in your system could count as an underage DUI if you are under 21 years.

A conviction for an underage DUI charge is typically a class 1 misdemeanor carrying the following potential penalties:

  • Suspension of your driving license for up to one (1) year
  • Fifty hours of community service
  • Attend alcohol education and treatment program
  • Mandatory fine of not less than $500

When you are above 18 years of age but under 21, the prosecutor will typically treat your DUI case as an adult aged over 21 under arrest for the same DUI offense. As long as you are above the age of 18 years, you are an adult in the eyes of the court, meaning the judge will treat your DUI case as such.

Because of that, you should take the alleged DUI offense as seriously as possible, even if your BAC level is under the lawful limit of 0.08%. A skilled DUI defense attorney could help you counter the prosecutor's evidence against you using various legal defenses for the best possible outcome on the alleged DUI charge.

Combined Alcohol and Drugs DUI

Most people think that a driver's impairment or intoxication is exclusively due to ingestion of alcohol which is untrue. Although most DUI cases are due to alcohol impairment, a driver's impairment could also be due to a combination of alcohol and other drugs, like marijuana or prescription drugs.

Even though ingestion of each drug separately could not affect your ability to control a vehicle, combining both drugs could significantly impact your ability to drive a car cautiously like a sober driver. To obtain a conviction against you for the alleged combined alcohol and drugs DUI charge, the prosecutor must provide adequate evidence to prove:

  • Your BAC level at the time of the arrest
  • The type of drug you had in your system
  • You were impaired
  • The combination of alcohol and drug in your system was the cause of the impairment

Even though your BAC level was below 0.08% at the time of the arrest, a combination of alcohol and other drugs in your system can amplify the alcohol effects, causing impairment. During your DUI case's trial, the prosecutor can summon an expert to explain why the combination of alcohol and drugs in your system can cause impairment, even when your BAC is below the legal limit.

The combination of drugs and alcohol does not necessarily make the penalties for a DUI offense conviction severe. However, a conviction for this offense will attract a sentencing enhancement if you had particular illegal drugs in your person or the car, for example, cocaine and heroin.

Generally speaking, there are many instances where the police can arrest you on suspicion that you were impaired driving even if your BAC level was under the legal limit. The best way to handle a complex criminal case like DUI is to retain the services of an experienced and reputable defense attorney.

Find a Fairfax DUI Defense Attorney Near Me

If you are wondering whether or not a DUI charge can still occur when you blow under the legal limit, the answer is yes. Even though prosecutors and judges treat DUI cases as serious crimes, a skilled and seasoned defense attorney could help you counter the alleged DUI charge to achieve desirable results.

We invite you to call Virginia Criminal Attorney at 703-718-5533 if you or a loved one is under arrest or investigation for an alleged DUI offense in Northern Virginia or Fairfax. Our profound defense attorneys understand how complex DUI cases can be even after blowing below the legal limit. Once you contact us, we will do everything in our power to help you fight for a less severe charge or dismissal of the case.