VA: Designated drivers not required

Jimmy Cirrito, owner of Jimmy's Old Towne Tavern brought up a very good point about the Fairfax Gestapo cracking down on non-driving drinkers over the legal limit.

Since everyone is required by Virginia law to have a BAC of .08 or below, there is no need for designated drivers, because everyone would be legally able to drive. There you go. Problem solved.

Fox News' Judge Andrew Napolitano noted that while when you enlist driving privileges, you waive away your right not to submit to a DUI test, you have no such obligation if you aren't driving. You still have a Fifth Amendment protection against self incrimination, and can simply refuse to cooperate. Of course in reality, you'll probably still be arrested, but in a court of law, it should hold up.

Comments (3)      top   link me


"Since everyone is required by Virginia law to have a BAC of .08 or below"

Does this mean everybody inside a car has to be sober in Virginia?

Posted by: todd at January 8, 2003 7:32 PM

Probably not. Only if cars are considered a 'public' place. Virginia law says that you aren't allowed to be drunk in 'public', and bars and restaurants are considered 'public' places.

Posted by: Ravenwood at January 8, 2003 7:38 PM


Posted by: lyrics at June 5, 2004 11:39 AM

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