Practice Areas
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
- July 4, 2008
- DUI Cases
- Looking out for your teen driver
- The FDA Can’t Win
- Dog Bites
- Gas Prices IV
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- Hosting a Graduation Party in Virginia? Read This First!
- 1807 Norfolk, Virginia
- Gas Prices II
Firm News
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Deaths linked to heparin use rise to 149
Two Naval Men Injured in Va. Beach Wreck
Ford Recalling 655,000 Trucks With Braking Problems
Study: Active Women at Reduced Risk for Breast Cancer
Beta Blockers Increasing Stroke Risk
Driver gets 60 days for hitting, dragging two children
Firm Library
Personal Injury and Automobile Accidents
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Virginia's Seat Belt Laws
Medical Malpractice
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Website Allows Consumers to Compare Hospitals
- Medical Interns and Sleep Deprivation
DUI, Traffic and Criminal Law Defense
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
- How Virginia's Driver Demerit Point System Works
- Three Driving Demerit Point Offenses
- Four Driving Demerit Point Offenses
Divorce
General
Having one more for the road may skew breath tests
In Virginia, it is illegal to operate a motor vehicle with a blood alcohol concentration of .08% or greater. For most adults, this can be as few as 2 or 3 drinks over the span of a couple hours. Click here for a website that estimates your BAC based on your weight, the number of drinks, and the amount of time.
Virginia police will ask you to perform a roadside sobriety test and then may ask you to take a breathalyzer. The breath test is designed to test the amount of alcohol in your bloodstream. But, if you’ve recently had a drink, the results of the test may be much higher than your actual BAC. This is because, during the absorption stage, your body’s alcohol level is not evenly distributed. This uneven distribution can create an inaccurate reading on the breathalyzer.
To measure alcohol using a breathalyzer, you have to blow through a tube. The breathalyzer works by mixing your breath with sulfuric acid, potassium dichromate, silver nitrate, and water. These chemicals mix with the alcohol in your breath and the breathalyzer creates a computer read-out that shows your BAC.
It can take your body up to 45 minutes to absorb your last drink. Even after your stomach has filtered the alcohol out to your bloodstream, it may still take some time for the alcohol in your blood to fully distribute (reach an equilibrium) across your entire body. The presence of food in your stomach may delay full absorption until up to two hours after your last drink. So, if you have that “one last drink” at the restaurant or bar before going home, you may be greatly increasing your risk that your breath test is higher than your true BAC, thereby greatly increasing your risk of a DUI.
Your first DUI conviction in Virginia is punishable by up to $2,500 in fines and up to a year in jail. Virginia requires all first offenders to attend an Alcohol Safety Action Program, commonly referred to as “ASAP,” which meets over a period of a few months. You will also lose your license for a mandatory period of one year. Finally, a DUI conviction will surely spike your car insurance rate.
There are many personal handheld breathalyzersavailable for purchase that may help you determine whether you should take a taxi home.
Ask an Attorney
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?