Can a driver be arrested for DUI with a BAC lower than 0.08 in Virginia?

In Virginia, a driver can be arrested for driving under the influence (DUI) even if their blood alcohol concentration (BAC) is lower than 0.08%. The key factor here is the presence of additional evidence of impairment. This means that if a law enforcement officer observes behaviors indicating that a driver is impaired—such as erratic driving, slurred speech, or inability to perform standard field sobriety tests—it is enough to justify an arrest for DUI, regardless of the person's BAC level.

This approach recognizes that impairment can occur at levels lower than the legal limit, particularly in individuals who may not handle alcohol in the same way as others. Thus, a driver could potentially face DUI charges based on observed impairment while having a BAC that doesn't reach the 0.08% threshold.

Other options do not accurately reflect legal standards regarding impaired driving. For instance, saying that it's not possible to arrest someone unless they are underage overlooks the broader implications of impaired driving laws which apply to all drivers, regardless of age, and the statement about refusing a test does not establish the grounds for impairment as valid for arrest.