Are You OK To Drive?
Check these tips to see how much alcohol is too much before getting behind the wheel
The Commonwealth of Virginia has some tough drunk driving laws. To help keep yourself out of trouble, take a moment to familiarize yourself with local rules and regulations.
Police in Virginia determine whether to charge a driver with DUI after performing a series of tests. Among these are the field sobriety tests, including the walk-and-turn, the one-legged stand, and following a flashlight beam with your eyes. These tests are all subjective, and how well you perform is based entirely on the officer’s judgment.
The blood alcohol content test, however, is more scientific. If performed correctly, the BAC will show how much alcohol you had in your system at the time you were pulled over. The allowable limit is less than 0.08 percent. Once your BAC level reaches 0.08 percent, you can be arrested and charged with Driving Under the Influence. However, if you are driving a commercial vehicle, the limit is only 0.04 percent, and if you are under 21, it is 0.02 percent.
In some states, lawyers advise their clients not to submit to a BAC test, thereby avoiding the possibility that something could go wrong, or that it could be proven you were driving drunk. But refusing to take this test is illegal in Virginia, and the penalty is having your license suspended for a year.
So why do restaurants and bars even serve alcohol if people are not supposed to drink and drive? That’s a good question, and one that, as lawyers, we are not equipped to answer. What we can tell you is how to behave in order to avoid getting arrested, losing your license, and going to jail.
How much alcohol can you drink before your driving is impaired? Ask yourself these questions first.
- How much do you weigh? A 120-pound person may need only three drinks before his or her BAC is above the legal limit, but a 240-pound person may need up to six.
- Are you on any medication? Lots of medications, especially painkillers and sleeping pills, can interact with alcohol, greatly increasing its effects. You may be unable to drive after less than even one drink if you are taking medication.
- Have you eaten anything? The effects of alcohol are greatly increased on an empty stomach. You may be able to drink much less before becoming impaired if you haven’t eaten anything.
- Do you drink occasionally, or often? Those who are not used to alcohol and drink only on rare occasions will likely feel the effects more strongly, and feel them more quickly.
- Are you keeping track of time? Drinking quickly can heighten the effects of alcohol. Broadly speaking, the body can metabolize one drink per hour, but the above situations can effect this amount of time, making it longer or shorter. On a hot day, or if you are particularly thirsty, you may be drinking faster than your body can handle the alcohol.
So how much is too much? If you’re not sure, then any amount is too much. A lot of people are safe drivers after one or two drinks. Some people are clearly impaired after the same amount. You have to be familiar with what is OK for your body, because your body is not exactly like anyone else’s. Driving after drinking slows reaction and impairs judgment, coordination and comprehension. If your BAC is 0.07, you may not have reached the legal limit, but you still may be a danger on the road. You have to ask yourself if driving is worth the risk. Many people tell themselves they are only going a few blocks, or they have driven after drinking lots of times before and they have gotten home safely, so it will be OK this time, too. And it may be. But if it isn’t, you could be facing loss of your license, mandatory alcohol education classes, hefty fines and/or jail time.
It’s hard to go out with friends or to a party and not drink. If you make the decision to drink, review the tips above to see if you can mitigate its effects by eating something while you drink, or waiting for a period of time before getting behind the wheel.
If you can’t give up drinking, give up driving – at least for one night.
