Driving under the influence or DUI in Henrico County is operating a vehicle while under the influence of alcohol. Operating is being in control of the vehicle but it’s not just driving on a roadway. It could be parked while the car is running or while part of the car is functioning whether it be the heat or the lights. In addition, the state would need to show when you were operating the vehicle and that you were operating the vehicle on the roadways in the county of Henrico.
For help building a defense consult with a Henrico County DUI lawyer today to discuss your case.
You do not need to blow a 0.08 blood alcohol level or higher to be charged in Henrico County. Prosecutors can charge you even if your blood alcohol level is lower than that. You can even be charged based on your driving, behavior, and demeanor. If the driving and behavior makes it appear that you are impaired you can be charged despite your blood alcohol level. If you’re unable to complete the tests or there are other indicators, whether it be speech or visual, an officer can and will charge you even when your blood alcohol level does not reach .08.
Henrico County has a zero tolerance policy toward DUIs. They’re prosecuted vigorously and punished harshly throughout the county. The County does not offer diversionary programs and in order to get a DUI charge reduced and/or dismissed, an individual needs to have a solid defense and significant mitigating factors.
What makes DUI cases in Henrico is how heavily they are enforced. Law enforcement officers in Henrico are very active in pursuing DUI drivers. They are always monitoring the roadways, especially late at night. Additionally, the primary policy for the prosecutor’s office in Henrico County is to convict and punish those operating under the influence in Henrico County.
There are some nuances to Henrico County that have been developed over the last few years. If a defense attorney can present a legal defense or strong issue, prosecutors will consider reducing the blood alcohol level to avoid mandatory jail sentences or even in some cases reducing the charge to a lower DUI or reckless driving. But again we would need a strong legal issue to that obtain the result and agreement. The prosecutors will also consider mitigating factors like alcohol counseling in consideration for reducing a charge or punishment.
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