Legal Question in DUI Law in Virginia

Crashed into another vehicle after drinking and driving

I rear-ended another vehicle last night, and policeman was called. I was asked if I have been drinking and gave me a breathalyzer test. I admitted that I did have a few drinks but stopped drinking about three hours ago, and I blew about 0.095%. Fortunately the policeman decided to give me another chance after a half an hour instead of arresting me on the scene. After 30 minutes later, I blew 0.085% and the it seems like the officer only charged me with reckless driving as the the summons for the court does not indicate anything in redards to drunk driving.

Does this mean I am in the clear for DUI now? Or is there a possibility for being charged for DUI at the court even though it's not I am not charged for originally?


Asked on 4/12/09, 3:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Crashed into another vehicle after drinking and driving

Yes, it's possible(althought not too likely) that under the circumstances described that you could still be charged with DUI. (You might want to have an attorney review the summons which you received to

determine whether reckless driving is in fact the only offense you've been charged with. Needless to say, it would be quite unusual for a police officer

to not charge a person with DUI who's apparently caused an accident and who comes up with an initial BAC reading of .095%.)

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Answered on 4/12/09, 11:50 pm


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