Can a person be guilty of drunk driving if he only had one drink?
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person’s BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person’s driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person’s ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person’s consumption of alcohol. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
James E. Short, PLC
652 Independence Parkway Suite 120 Chesapeake, Virginia 23320
Phone: (757) 410-5042 VirginiaDUIHotline@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
The James E. Short, PLC office is located in Chesapeake, Virginia, and represents people living or driving in Virginia, including the cities of Alexandria, Arlington, Charlottesville, Chesapeake, Lynchburg, Norfolk, Petersburg, Richmond, Roanoke, and Virginia Beach, and all outlying areas. The James E. Short, PLC also represents clients from Chesapeake, Virginia Beach, Norfolk, Portsmouth, Suffolk, Newport News, Hampton, Isle of Wight counties and clients from any state, who were charged with criminal charges in Virginia.
