Legal Question in DUI Law in Virginia

Question about DUI arrest, where Breath analysis was .05?

A friend was pulled over yesterday for speeding 4 miles over, he had been drinking beer, and told the officer he had 3 or 4 beers over the past 3 hrs. Well they did the field test, and because at the end of the alphabet he said x z y, and when doing the toe to toe test he stumbled at the end, this was because they were on a slope and in gravel. The officer that pulled him over wanted to take him in for the DUI, another officer stated he really did not think that was necessary, but they did anyway. I'm not sure what he blew at the seen, but at the courthouse he only blew .05. He has had 2 other dui's that are over 5 years ago, not sure of the exact dates. The magistrate processed him, did not make him stay released him within 2 hrs of arriving at the courthouse. My question is at the arraignment will they drop the charges due to the blood alcohol only being .05, or will it still go to trial? If it does go to trial, does he have a chance with a lawyer to have it dropped?


Asked on 8/21/04, 4:16 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Question about DUI arrest, where Breath analysis was .05?

If the BAC reading was only .05 at the stationhouse, it's unlikely that the case will be prosecuted unless the alcosensor reading

taken at the scene of the stop was accurately .08 or higher and the defendant also flunked one or more of the field sobriety tests. If that's the case, your friend may well have a problem which he will need to discuss with competent defense counsel who will be able to address your last question after becoming conversant with all of the relevant facts of the case.

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Answered on 8/21/04, 4:59 pm


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