Can I beat a DUI in Virginia if my BAC was 0.08?

Under Virginia dui laws, for those over 21 years of age, the legal limit is .08. This means if your BAC was exactly .08, you were right at the legal limit. While this still means you are guilty of DUI, the fact that your BAC was so close to the limit means you may have a better chance of fighting the charges. If you do decide to fight the charges, you will need to enter a plea of not guilty at your DUI hearing. You'll then have a chance to present arguments. The two most common arguments used for those with a BAC just at the legal limit are the arguments that:

• Your BAC continued to rise and you were not actually drunk when you were driving. Since your BAC goes up for a while after you stop drinking, if the test was not administered immediately upon your request, the additional time to transport you to the police station for testing may have resulted in your BAC rising. This would mean you were not actually above the limit when driving
• The police did not have probable cause to actually test your BAC because you weren't acting impaired. Under the US Constitution, police have to have probable cause to conduct a search or a BAC test- if they don't, then you can argue that the search was illegal and the evidence will have to be excluded

A lawyer can help you to fight your DUI charges, so it is a good idea to consult with an attorney as soon as possible after your arrest so you can begin to build your defense.