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Virginia Law: Can Arrest for DUI if ANY Alcohol Present


The police cannot arrest you for a crime unless they have objective probable cause to believe that you commited the crime, right?

Well, not necessarily…. Let's take a look at Virginia's drunk driving laws [18.2-267(D)], which clearly state:

Whenever the breath sample analysis indicates that alcohol is present in the person's blood, the officer may charge the person with a violation of §§ 18.2-266, 18.2-266.1 or § 18.2-272, or a similar ordinance of the county, city or town where the arrest is made. [The numbers indicate the crimes of driving with .08% or under the influence of alcohol and/or drugs.]

In other words, if you have any measurable amount of alcohol in your body — even less than .01% — the officer can arrest you for driving under the influence (without any evidence that you are under the influence) or over .08% (depite clear evidence that you are not). How can they do that? Simple: What I have referred to over the years as "The DUI Exception to the Constitution"….

(Thanks to Virginia attorney Mike Tillotson, who is appealing the statute on constitutional grounds.)

The post Virginia Law: Can Arrest for DUI if ANY Alcohol Present appeared first on Law Offices of Taylor and Taylor - DUI Central.

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