A drunk-driving accident can turn your life upside down in a hurry. Victims may be facing serious injuries, emotional trauma, and financial hardship caused by rising medical bills, lost wages, and an uncertain future that may include long-term physical therapy and more.

When the police are called, they will usually perform a test to determine the blood alcohol level of the driver who caused the accident. This can provide straightforward and clear evidence of alcohol impairment. In Virginia, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. The law takes into account, however, not just whether the driver’s BAC was over the limit but how far over the limit it was.

If you or a loved one has been a victim of a drunk-driving accident, you may be concerned or frustrated about how the at-fault party’s alcohol consumption will impact your case. Our Virginia Beach car accident lawyers can help. At Shapiro, Washburn, & Sharp, we explain your rights in this type of case and help you to determine your next steps. Call us at 833-997-1774 for a free consultation.

How Does Virginia Test for Blood Alcohol Levels?

Law enforcement professionals typically use a breathalyzer test to determine the blood alcohol levels in suspected DUI (driving under the influence) cases. This is the most common type of alcohol-level test and provides immediate results. If the driver was seriously injured and couldn’t complete a breathalyzer test, a blood test may be used.

A driver may refuse to take a test, but there are serious consequences. According to Virginia Code 18.2-268.2, by simply operating a motor vehicle on Virginia’s roads, drivers automatically consent to a breath or blood test if they are lawfully arrested for a DUI. Refusing such a test can result in penalties such as:

  • First offense refusal: Automatic one-year license suspension, with no eligibility for a restricted license during that period.
  • Second or subsequent refusals: Additional three-year license suspension and potential fines or jail time.

In a drunk-driving personal injury case, other evidence may still be used to indicate impairment, like police officer observations, field sobriety test results, or witness testimony.

What Do Blood Alcohol Levels Mean?

In a drunk-driving injury case, it’s not only about whether the driver’s BAC was over the limit. The actual results of the test may also come into play. A BAC of 0.08 percent or over typically is enough to prove that the driver was impaired, while a BAC of 0.15 percent or higher can result in enhanced penalties, like mandatory jail time and the installation of an ignition interlock device.

A BAC of 0.15 percent or higher can also open the door to punitive damages for victims. These are designed to punish the at-fault driver for reckless behavior and to dissuade others from doing the same thing. For victims of drunk-driving accidents, these additional damages can go beyond compensating for medical expenses and lost wages to help address the emotional toll and long-term consequences of the accident.

If the BAC is between 0.08 percent and 0.15 percent, however, the situation can become more nuanced. The driver may still be considered impaired under the law, but the lower BAC could raise questions about how impaired they were and their ability to assess the situation. For victims, this can make it more challenging to determine how much the evidence of alcohol consumption will impact their case.

Should I Be Concerned if the BAC Was Below 0.15 Percent?

You may worry that if the driver’s BAC is below 0.15 percent, it might weaken your case. If the BAC is close to the legal limit, for instance, the other side may argue that the driver was not significantly impaired, which could shift the focus away from the driver’s irresponsible behavior and put it on other factors like road conditions, vehicle malfunctions, or even the victim’s behavior.

If the driver has a good defense attorney, that attorney may argue that the breathalyzer was faulty or inaccurate or that the sample was mishandled. He or she may also note that it’s possible the alcohol wasn’t fully absorbed at the time of the accident and that the BAC increased afterward, challenging the idea that the BAC was above the legal limit when the accident occurred.

This can be particularly frustrating for victims who have suffered significant injuries or lost loved ones in a DUI accident. You want the responsible party to be held fully accountable and to pay for the damage they did.

What if the Driver Admits Liability?

If the driver’s BAC was lower than 0.15 percent, they may admit liability. This can prevent the breathalyzer test results from being used as evidence in the case, which can be advantageous for the driver as it helps them avoid the stigma associated with drinking and driving. If the case goes to trial, it can also influence a jury’s decision about how much compensation to award a victim.

This can also work in the victim’s favor, though, if the driver testifies in their own defense. The victim’s attorney can cross-examine the driver, asking questions about their judgment and reaction time. A skilled attorney can make it clear that the driver was impaired at the time of the accident, even without clear BAC evidence.

At Shapiro, Washburn, & Sharp, we understand how to leverage this information to strengthen your case and ensure justice is served.

How Can a Car Accident Attorney Help?

It may seem like if a driver was charged with a DUI, your personal injury case would be clear and straightforward. That is not always the case, however. A DUI case can be complex, which is why it’s best to contact our car accident attorneys at Shapiro, Washburn, & Sharp for help.

Even if the driver’s BAC was under 0.015 percent, we may be able to show how their alcohol consumption impacted their ability to drive safely. Whatever the situation, we can help you obtain the compensation you need to put your life back together, as we did for our client, who suffered irreversible brain damage when a drunk driver hit her car head-on. The case went to trial, where we presented convincing evidence on our client’s behalf. The jury awarded her $2.5 million in compensatory damages and $1 million in punitive damages.

You can find our offices in Virginia Beach, Hampton, Portsmouth, Norfolk, and Chesapeake.

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