Virginia places a great deal of importance on maintaining safe roadways. In pursuit of this goal, police presence is considerable, and the consequences for driving under the influence of drugs or alcohol are severe.
The laws governing crimes like this are specific. In fact, Virginia’s implied consent law mandates that those arrested for driving under the influence must submit to a blood or breathalyzer test, metrics used to measure the amount of alcohol or drugs in the body.
If you find yourself in this position, the best thing to do is to engage the assistance of an experienced and reputable DUI attorney as quickly as possible. Handling this problem on your own is not advisable. You simply don’t have the knowledge of the law or the experience in building a case to appropriately defend yourself. It is important to recognize that these charges are serious, and the associated penalties can impact both you and your family. Working with the right Virginia criminal defense DUI attorney can have a very real impact on the outcome of your situation.
For many who find themselves facing DUI charges, Cody Villalon is the attorney of choice. HIs commitment to representing those in similar positions is long-standing and his record of minimizing the impact of these charges on the lives of his clients is outstanding.
As evidence of his dedication to residents of Virginia, he offers a free consultation to all prospective clients. Mr. Villalon values connection, and believes that only through speaking with him personally can someone determine if he is the right attorney for their case. He dedicates these meetings to learning about his future clients’ situations and sharing how he would approach them. You will see, firsthand, the respect with which he communicates and the energy he exudes.
As your DUI attorney, Mr. Villalon will leverage his vast experience on your behalf. Reach out to him today at 804.316.0765 to schedule your free consultation.
Understanding DUI Blood Alcohol Testing in Virginia
Have you been arrested and charged with driving under the influence? If so, then you are already aware of the importance the state of Virginia places on determining exactly how much alcohol or drugs are in your body.
In order to identify blood alcohol and/or drug levels, one of two tests is usually administered, a breathalyzer or a blood test. As a result of Virginia’s implied consent laws, these are mandatory after an arrest.
What Do Blood Tests Show?
Blood alcohol tests are also used to measure the level of alcohol (or presence of drugs) in an individual’s blood. Widely considered more accurate than breathalyzer tests, these blood tests are performed only after an individual has been arrested on suspicion of driving under the influence. They require that blood be drawn with a needle from the arm of the arrested person.
In Virginia, using blood testing to determine blood alcohol content is common. In general, individuals may be charged with suspicion of a DUI after an officer either witnesses them driving erratically or at a DUI checkpoint. Once pulled over, you may be asked to participate in a roadside sobriety test which may include standing on one leg, walking and turning, or the horizontal gaze nystagmus test, among others.
Failing one or more of these tests can result in an arrest and the subsequent request for a blood alcohol test. In short, these tests are used to identify alcohol as well as a host of other substances — prescription drugs (including opiates) and antidepressants (like Valium and Xanax), as well as cocaine, marijuana, and amphetamines. It is illegal to drive under the influence of these substances, and Virginia law outlines the levels that indicate drug intoxication. If you are arrested for driving under the influence of drugs, you should contact a Virginia DUI attorney immediately.
Blood Alcohol Levels and Associated Penalties
While a blood alcohol content of .08 or above indicates that the driver of a vehicle was under the influence of alcohol, percentages lower than that don’t necessarily mean you should not be concerned. Virginia law regarding BAC levels is extremely nuanced. Even for what one may consider the most minor of offenses, the associated punishment can be impactful.
First, Virginia has a zero tolerance policy for minors who drive under the influence. In fact, minors who are arrested with a BAC of only .02 can find themselves facing charges. Even first-time offenders with a BAC of less than .15 can face up to 12 months in jail, a revocation of their license for 12 months and a mandatory fine of $250. Penalties increase for repeat offenders and those whose BAC is higher than this baseline.
While .08 is widely recognized as the percentage that triggers DUI charges, lower readings can indicate impairment. In Virginia, an individual with a BAC above .05 and below .08 can be convicted of a DUI if the prosecutor can prove their driving was impaired.
Without a doubt, a conviction can impact your life. Driving restrictions can affect your ability to drive to work or to transport your children. And when jail time results, the situation is even more dire.
Testing Positive Does Not Mean a Conviction Is Imminent
Failing a breathalyzer or blood test does not automatically result in a conviction. In fact, the results of these tests are simply evidence that can be used in your trial.
Cody Villalon knows how to address the evidence in DUI cases, including breathalyzer and blood test results. These strategies can help minimize the impact of this arrest on your life.
Challenging DUI Blood Testing
While blood tests, in general, are believed to be accurate and reliable, there are issues that can call into question the results they provide. Some of the factors that your Virginia DUI attorney may address include, but are not limited to:
- Chain of command of blood samples: While many Virginia police stations can perform a BAC blood draw onsite, the blood must be transported to a lab for testing. Strict procedures are in place to ensure the integrity of the sample. Violation of these processes leave samples open to contamination and tampering, which can impact the results and their reliability.
- Adherence to testing procedures: Violations of the strict testing procedures required can impact the quality of the samples, resulting in dubious results.
- Accuracy of labeling: Errors in labeling samples can result in mix-ups, leading to results being assigned to the wrong individual.
- Possibility of contamination: When samples are not carefully managed, they could be contaminated, impacting the readings.
- Clotting caused by small needles: Using the correct needle for the blood draw is imperative. A needle that is too small can introduce clotting, which can impact the test ratios, causing the alcohol reading to be higher than it truly is.
- Maintenance and calibration of testing equipment: The accuracy of the readings of the equipment used to determine BAC is based on careful calibration and regular maintenance. When either is in question, errors can occur and results can be questioned.
Your DUI lawyer in Virginia will review the evidence in your case to determine the best strategies to take when building your defense.
Cody Villalon Knows How to Defend Against the Results of DUI Blood Alcohol Tests
Experience and Knowledge Make a Difference
If you have been arrested for driving under the influence in Virginia, engaging an experienced and knowledgeable DUI defense attorney is not a luxury, it’s a necessity. Penalties for conviction are based on a host of issues, including the level of alcohol in your system, your age, and whether you are a first-time offender. That said, in all cases they are serious and can impact your life and your future.
His belief that the integrity of the legal system depends on everyone’s having access to dependable defense services was the basis on which his firm was founded. His commitment to his community is substantial, and he is well-known for his approach to service. Mr. Villalon recognizes that people make mistakes, and he works tirelessly to minimize the impact of these errors on the lives of his clients.
If you are facing a DUI charge and are concerned about your blood alcohol test results, reach out to him immediately at 804.316.0765 to learn how he can help protect your future. Your situation is serious and time is valuable. Don’t say anything to anyone until you have spoken with Mr. Villalon.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
