Legal Question in DUI Law in Virginia

Jail Time and BAC

I recently got a DUI. In the field I

blew a .15. Two hours later at the

station, I blew a .19. I obviously did

not have anything to drink during

that two hours. Why would it go up

that much? Also the police officer

kept saying how nice I was and how

that would help me. Is there anyway

I can get out of the five days in jail?


Asked on 7/09/07, 1:24 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Jail Time and BAC

No, probably not, since the BAC was borderline(for the 5 day jail sanction) to begin with and then, unfortunately, for you, only increased rather than decreased with the passing of the two hours(which likely indicated that the alcohol in your system had not yet peaked at the time when you were initially stopped).

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Answered on 7/09/07, 9:16 pm


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