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Judge dismisses Virginia DUI cases, calling DUI law unconstitutional
A Fairfax County, Virginia judge has called Virginia’s DUI law unconstitutional and has begun dismissing cases.
Judge Ian O’Flaherty insists the DUI law deprives defendants of their rights by presuming that anyone with a blood-alcohol level of 0.08 is under the influence of alcohol and is challenging the results of breath tests given to suspected drunken drivers. Breath tests are one of the powers police and prosecutors rely on for DUI arrests and convictions.
Critics say O’Flaherty is endangering public safety by allowing drunken drivers to return to the roads. Virginia DUI law says anyone with a blood alcohol content level of 0.08 percent or more is presumed to be driving under the influence of alcohol, making it up to the driver to make a rebuttal or prove s(he) was not drunk.
Fairfax County Prosecutor Robert Horan said he and his staff have been trying to come up with a solution.
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