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Elevated BAC Jail Time Avoided

A woman in her ‘50s was stopped late at night in Bedford County for weaving within a lane and driving below the speed limit. Also, her vehicle was earlier suspected of DUI. The officer who pulled her over smelled alcohol and found beer in the back seat. Her blood alcohol level was elevated when tested.

The woman was charged with DUI and faced a mandatory minimum of five days in jail because of her elevated BAC. She had been laid off and was looking for work. She also was struggling with personal issues and depression. A DUI would harm her chances of finding a job. She called the Roanoke criminal attorneys at Copenhaver, Ellett & Derrico for help.

The woman had no prior criminal or traffic offenses. We were able to argue that her elevated BAC was because of her slight figure, lack of food, and the time of the alcohol consumption. The elevated BAC was removed from the criminal complaint. That meant the woman would not face mandatory jail time. She sought help for her depression and other issues.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.