We’ve all heard it.  When asking a friend whether they should catch a cab home after drinking, they respond, “I’m ok…I’ve only had a couple…I can’t be above the limit.” 

The truth is that even if that friend is under the “legal limit,” it may not matter.  In Virginia, it is illegal to drive with a Blood Alcohol Level (BAC) of .08 or above.  But it is also illegal to drive “under the influence of alcohol” or with an amount that “impairs his ability” to drive.   

What those phrases actually mean is for a judge to decide.  However, it is certain that a person can be convicted of DWI even without a BAC of .08.  And when law enforcement asks that person how much they had to drink, their response of “only a couple” will definitely be used against them.

So next time make sure to tell your friend to just catch a cab. 

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