Practice Areas
- Nursing Home Abuse
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
Nursing Home Abuse
- How You Can Help Prevent Nursing Home Abuse and Neglect
- Nursing Home Abuse & Neglect Risks
- Nursing Home Reform Act of 1987 Protects the Elderly
- Understaffing is a Significant Cause of Nursing Home Abuse and Neglect
- What to do if you’re concerned about nursing home abuse and neglect
- Is nursing home abuse really an issue in Virginia?
Personal Injury and Automobile Accidents
- Trying to save money on gas? Don’t neglect your safety
- Virginia Seatbelts
- Nursing Home Cases
- Personal Injury Cases where the injured party has died
- Dog Bite Cases II
- Looking out for your teen driver
- Dog Bites
- Hosting a Graduation Party in Virginia? Read This First!
- Virginia Beach Sheriffs Immune
- Chesapeake to Install Countdown Crosswalks
Medical Malpractice
- More heparin deaths? Yes, its true.
- Joint Commission Targeting Children Medication Mix-Ups
- Finding The Best ER For Your Child
- Why Free Drug Samples Are a Bad Idea
- Knee and Hip Replacements Expected to Spike
- Supreme Court Grants Immunity for FDA Approved Medical Devices
- FDA Warns Doctors to Retrieve Device Fragments
DUI, Traffic and Criminal Law Defense
- Eight Year Old Arizona Boy Charged With Killing Father And One Other
- Allan Zaleski in New Book
- Marijuana Cases
- Bail Bonds
- Look into my eyes… have you been drinking?
- DUI Cases II
- Can walking in a straight line really reveal that I’m unfit to drive?
- Your Right to Remain Silent
- Drug Offenses
- DUI Cases
Business Litigation
General Observations
- Gas Prices X
- Three Judges for Norfolk Circuit Court
- Gas and Energy
- Gas Prices V
- Gas Prices IV
- Gas Prices III
- Gas Prices II
- Gasoline Prices
General Observations
General
Firm News
Three High School Students Killed in a Car Crash in Virginia Beach
Young Volunteer Firefighter Killed in Crash
Former Virginia Tech Quarterback Found Guilty of DUI
Four Deaths on Virginia 151 Prompted Change
Fossella Found Guilty of Misdemeanor Charges of DUI in Virginia
Study Reveals 13% of Seniors Report Mistreatment
Grant Helps the Elderly Avoid Nursing Homes
Driver Convicted of DUI Death Arrested Again on DUI Charge
Nursing home patient's death cause 'undetermined'
Drive Safe Hampton Roads to provide free child safety seat checks
Firm Library
Nursing Home Abuse
- Virginia Adult and Elder Abuse and Neglect Statistics
- Suspect Elder Abuse? Learn About Mandated Reporting
- Signs of elder abuse, neglect, or exploitation
- Understaffed Nursing Homes can Lead to Elder Abuse
- Rights of Nursing Home Residents
Personal Injury and Automobile Accidents
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Common Questions about Virginia’s Seat Belt Laws
- What the Injured Worker Gets
- Saving Money with a Small Truck? Consider Safety Ratings
Medical Malpractice
- Website Allows Consumers to Compare Hospitals
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- The Federal Government’s Answer to Hard Core Drinking and Driving
- All about the Walk and Turn Field Sobriety Test
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
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
Free Consultation
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?