Under Virginia law, if there was 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense.

If an individual has a blood alcohol concentration (BAC) of more than .05 but less than .08, there is no legal presumption of intoxication.  However, a person with a BAC in this range can still be charged with DUI if their driving is impaired due to alcohol consumption, and they can be convicted of this charge if the prosecution proves that the individual’s ability to drive was impaired by alcohol.  Read more about BAC levels and the presumption statute under the Virginia Code here: § 18.2-269. Presumptions from alcohol or drug content of blood (virginia.gov).

It’s important to note that Virginia has a “zero tolerance” policy for drivers under the age of 21, meaning that a BAC of .02 or higher can result in a DUI charge for drivers under 21 years of age.

If convicted of DUI, the penalties may include fines, jail time, license suspension, completion of an alcohol education program, and the installation of an ignition interlock device.  The specific penalties will depend on the circumstances of the case, including the individual’s BAC level, driving history, and any additional factors such as property damage or injury resulting from the DUI.  It is advisable to consult with a legal professional to understand the specific penalties in your case.