Driver Suffering From a Concussion is Charged with DUI.

The bicycling races in Richmond had some unexpected excitement when a motor vehicle broke through the race course barrier and drove down the race track. A brief chase ensued, and the motorist was stopped by police and eventually arrested. He now is charged with several offenses including felony eluding and DUI.

The driver’s lawyer has maintained that the driver was not intoxicated but was suffering from a concussion from a previous sports injury.

What’s interesting is that the story I found shows that the driver initially tested negative for all drugs and alcohol at the scene. However, it still seems that he is charged with DUI. Driving under the influence in Virginia requires that you’re actually under the influence of something. In this case, it sure looks like there’s no substance in the driver’s blood.

That doesn’t mean that he is simply not guilty, though. The Commonwealth can still argue based on his manner, his ability to drive or not drive, and other factors, that he was under the influence of a substance that was impairing the ability for him to drive safely.

This is similar to a case where a person just blows all zeroes on the breath test. That does not mean you’re out of the woods for a DUI. That simply means that the Commonwealth does not get a presumption that you are intoxicated. In this case if the Commonwealth can still prove that the driver was under the influence of something beyond reasonable doubt, they could still maintain a DUI conviction.

It will be interesting to see how this story plays out and what the blood testing comes back to show.

If you’re charged with a DUI or DWI in Virginia, you should definitely download my free book or contact my office for your free consultation.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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