Can You Be Arrested if You Blow Under .08 in Virginia?
The Truth About Blowing Under .08 in a Virginia DUI Stop
Many drivers in Virginia assume that if they blow below a .08 blood alcohol concentration (BAC) on a roadside breath test, they are safe from arrest. Unfortunately, that is not true. Police may still arrest you even if the reading is under the legal limit. Understanding why and what to do next can protect your rights and your license.
The Preliminary Breath Test (PBT) Explained
At roadside stops, officers often ask drivers to take a Preliminary Breath Test (PBT) using a handheld device. Under Virginia Code § 18.2-267, the PBT is voluntary. You cannot be penalized for refusing it.
The law also makes clear that PBT results cannot be used at trial to prove intoxication. Instead, the purpose is to help the officer decide whether there is probable cause to make an arrest. In other words, if the device shows any alcohol, even below .08, that may be enough for police to arrest you to conduct further testing.
👉 Local note: In Prince William County, police frequently use PBTs during stops along I-66, Route 28, Route 234, and Old Town Manassas. Many DUI cases we handle begin with these voluntary tests.
Arrested after blowing under .08? Don’t assume the case will disappear. Call our Prince William County DUI lawyers today at 571-364-0500 for immediate help.
Implied Consent After Arrest
Once you are arrested for DUI in Virginia, an entirely different set of rules applies. Under Virginia’s Implied Consent Law (§ 18.2-268.2), any driver operating on Virginia roads is deemed to have consented to an evidential breath or blood test if lawfully arrested within three hours of the alleged offense.
Unlike the roadside PBT, you cannot refuse these tests without penalty:
First Refusal: A civil offense with a one-year driver’s license suspension under § 18.2-268.3.
Subsequent Refusals (within 10 years): A Class 1 misdemeanor, carrying up to three years’ suspension, fines up to $2,500, and possible jail time.
Why You Should Decline the Roadside PBT
Since the roadside PBT is voluntary and offers no benefit to the driver, most defense attorneys, including Battlefield Law Group, advise declining it. Taking the test only provides police with an additional reason to arrest you, even when the reading is under .08. Once arrested, the mandatory evidential tests will follow anyway.
Local Perspective: Prince William County DUI Cases
In Prince William County, DUI arrests are heard at the Prince William County General District Court in Manassas. Our attorneys appear here almost daily on behalf of clients charged with DUI and related offenses.
We regularly see cases where drivers thought a “low” reading would protect them, only to be arrested and face serious penalties. By refusing the roadside PBT, you preserve one less piece of evidence against you and keep your defense stronger.
Facing a DUI in Manassas or Prince William County? Call Battlefield Law Group at 571-364-0500 to speak with a DUI attorney who knows the local courts inside and out.
How a Lawyer Can Help — Including Plea Deals
Being charged with DUI does not always mean you will be convicted. With the help of an experienced attorney, you may be able to:
Challenge probable cause if the arrest was based only on a weak PBT reading.
Scrutinize field sobriety tests and evidential breath or blood results for errors.
Negotiate plea agreements that reduce the charge from DUI to reckless driving or another lesser offense, which can limit fines, license suspensions, and long-term record impact.
Seek restricted driving privileges to allow you to continue commuting to work or school while your case is pending.
Every case is unique, and the outcome depends on the facts and your defense strategy. Having a skilled Prince William County DUI lawyer on your side ensures that you know all your options, including whether to go to trial or pursue a plea deal for the best possible resolution.
FAQs About Virginia DUI Breath Tests
Is the roadside breath test mandatory in Virginia?
No. The Preliminary Breath Test (PBT) is voluntary under § 18.2-267. You can decline without penalty.
Can you beat a DUI if you blew under .08?
Yes, but it’s not automatic. Officers may still arrest you if they detect alcohol and believe you are impaired. Our experienced attorneys, Nicole Naum, Steve Duckett, and Lili O’Connell, can challenge probable cause, testing procedures, and other evidence.
What happens if I refuse the breathalyzer at the police station?
After arrest, refusal of the evidential test triggers civil or criminal penalties under § 18.2-268.3. Unlike the roadside test, you cannot legally refuse without consequences.
Protecting Your Rights
If you are facing DUI charges in Prince William County or anywhere in Northern Virginia, don’t assume that blowing under .08 will keep you safe from arrest. The laws give police broad discretion, and the consequences are serious.
At Battlefield Law Group, we defend clients against DUI charges every day. Our attorneys stay at the forefront of DUI defense strategies and have extensive local trial experience. We also know when a carefully negotiated plea deal may be in your best interest.
📞 Call us now at 571-364-0500 to schedule a consultation and protect your future.
