Are there any exceptions to a DUI charge?

Yes, there are exceptions to a DUI charge in Virginia. Depending on the circumstances, a driver may be able to avoid a DUI charge, or have the charge reduced. For instance, if there is medical evidence that the driver was under the influence of a prescribed medication, or if the alcohol or drug levels are below the legal limit, a driver might be able to have the charge reduced. Another exception is if the driver is able to prove that they were unable to operate their vehicle safely due to an emergency situation. This could include needing to get to a hospital or other medical facility, or a situation where a person is threatened with harm, such as a carjacking. If a driver can demonstrate that the level of intoxication was caused by a legal, over-the-counter drug, or through a mistake, such as accidentally drinking alcohol when they thought it was non-alcoholic, then they may be able to avoid a DUI charge. Finally, if a driver is able to prove that the reason for their intoxication was forced upon them, such as if they were drugged or given alcohol by another person, then this may also be considered an exception and may result in the charges being dropped or reduced. However, the driver will still have to meet certain criteria in order to avail this exception.

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