What is the Legal Blood Alcohol Limit in Virginia?


September 20, 2021
a man with a breathalyzer in the car

We all make mistakes at some point in our lives, and this includes getting behind the wheel when you’ve been had alcohol to drink. You might feel well enough, but before you know it the red and blue lights are flashing in your rearview mirror, and you are pulled over. After an arrest related to driving under the influence, you will need a Fairfax DUI lawyer. This is when you should call Rudolphi Law.

The Fairfax County DUI lawyers at Rudolphi Law offer reliable representation backed by years of solid experience. Our practice is focused on DUI and DWI cases like yours. Whether your DUI has a low BAC or no BAC, an accident or minimal motor vehicle operation, you will still need an attorney to help you through the process and to ensure you are getting fair sentencing.

What is the Legal Blood Alcohol Limit in Virginia?

The easiest way to avoid having a DUI or DWI appear on your record is to avoid drinking and driving in the first place. Be prepared to call a Fairfax traffic lawyer if you decide to get behind the wheel. 

Drivers who get behind the wheel in this state often swerve and have issues staying in their lane. However, a police officer can stop you for any traffic violation and still end up arresting you for DUI. Although the legal limit is 0.08 BAC, this does not necessarily mean it is safe to drive when your BAC is below that level. One drink might not put you over the legal limit, but it could still impair your driving.

DUI can include intoxication by drugs, alcohol, or a combination of both. Below are some of the conditions under which it is illegal to drive in the State of Virginia:

  • BAC of 0.08 or higher
  • Blood concentration of 0.1 milligrams per liter or higher of the following drugs in their system:
    • Methamphetamine
    • Phencyclidine (PCP)
    • 3,4-methylenedioxymethamphetamine (MDMA)
  • Blood concentration of 0.02 milligrams per liter or higher of cocaine in the system

You might be wondering how much alcohol can get you at or above the legal limit. There is no straightforward, one-size-fits-all answer to this question. However, it can be determined by several factors. For example, having food in your system can slow the absorption of alcohol, delaying the symptoms of drunkenness.

A person’s gender and weight will also factor into the absorption of alcohol. Women have lower water and higher fat content, generally, and therefore any alcohol that is consumed usually remains in the blood. Likewise, the heavier a person’s weight is, the more alcohol it will take to increase their BAC.

With all that said, it is necessary to carefully consider the consequences of getting behind the wheel or allowing loved ones to do so. To avoid putting yourself in a dangerous situation, either driving while intoxicated or riding with someone who is, have a system in place for getting home on nights when you plan to drink. Select a designated driver, or be prepared to call a criminal defense attorney/lawyer Fairfax VA.

The Consequences of Drinking and Driving

If you choose to get behind the wheel after drinking or doing drugs, you are putting yourself and others in a very dangerous situation. The consequences of intoxicated driving are typically far-reaching and some are uncomprehendingly tragic. The State of Virginia estimates that there are over 1 million arrests related to DUI and DWI every year. Call a traffic lawyer Fairfax VA if you find yourself among these statistics.

A countless number of lives are lost yearly due to bad decisions made by drunk and intoxicated drivers. Avoid putting yourself in this situation, by always having a designated driver. For those times when you make bad decisions and find yourself under arrest, contact a Virginia criminal defense attorney at Rudolphi Law.