What Happens If You Admit to Drinking During a DUI Stop in Virginia
Battlefield Law Group Founder, Nicole Naum, Esq., explains why we can absolutely still defend your case if you admitted to drinking during a DUI Stop.
I Admitted to Drinking During a DUI Stop, Is My Case Over?
If you told the officer that you’d been drinking during a DUI stop, you might assume your case is over before it even begins. But the truth is, an admission doesn’t equal guilt — and in Virginia, there’s often much more to the story.
At Battlefield Law Group, we get calls about this question all the time. Many people panic after a DUI arrest, especially if they said “I had a drink” during the stop. The good news? You may still have a strong defense.
An Admission Is Not the Same as Proof of Intoxication
Virginia’s DUI law, under Code § 18.2-266, makes it illegal to operate a vehicle while under the influence of alcohol or drugs to the extent that it impairs your ability to drive safely, or with a BAC of 0.08% or higher.
Simply admitting to drinking does not prove either of those things. We will work with you to defend your case.
What matters is the evidence:
How the stop occurred: Was there reasonable suspicion or probable cause?
Field sobriety tests: Were they conducted properly? Did you actually show signs of impairment?
Chemical tests: Were you offered a breath or blood test? Was the equipment calibrated and operated correctly?
Officer observations: Did the officer’s report accurately reflect your behavior and appearance?
In many DUI cases, these details make or break the prosecution’s ability to prove intoxication beyond a reasonable doubt.
Why “I Only Had One Drink” Still Matters
Telling an officer that you had “one or two drinks” is incredibly common and not always harmful. It can even work in your favor when other evidence does not show impairment. For example, if you performed well on the field sobriety tests or appeared sober on body-cam footage, your attorney can argue that your statement was truthful and that you were not intoxicated.
When the Numbers Do Not Add Up
Even breath test results are not perfect. Breathalyzer machines in Virginia have a margin of error of about .004. That means a recorded BAC of .08 could actually be closer to .075, which is just under the legal limit.
Your attorney can challenge the reliability of those results, especially if:
The machine was not properly maintained or certified
The officer was not trained or followed improper procedure
The test results were not filed correctly with the court
At Battlefield Law Group, attorney Nicole Naum recently won a DUI case under similar circumstances. The client admitted to drinking and blew a .08, but the field tests were solid, and the breath records were never properly filed. The judge agreed with Nicole’s motion to strike, and the case was dismissed.
Every DUI Case Is Unique
It’s best to answer only what’s required by law and exercise your right to remain silent, but your words are just one factor in a DUI case. The outcome depends on how the evidence is handled, the officer’s actions, and your attorney’s ability to challenge weaknesses in the case. That is why you should never assume your case is hopeless, even if you admitted to drinking.
Talk to a Virginia DUI Defense Attorney
If you have been charged with DUI in Prince William County, Loudoun County, Fairfax County, Culpeper County, or anywhere in Northern Virginia, our team at Battlefield Law Group can help. We carefully review every detail of your stop, testing, and evidence to build the strongest defense possible.
Your future, license, and reputation matter, and you deserve a team that treats your case like it is their own.
📞 Call 571-364-0500 or message us to schedule a consultation today.
Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship. Past results do not guarantee future outcomes.
