Virginia DUI law (section § 18.2-266) states that DUI is a class 1 misdemeanor. The best way to describe exactly what Virginia DUI law says is to describe it as 2 separate violations. When someone is arrested in Virginia for operating a motor vehicle under the influence of alcohol and/or drugs (prescription or illegal) they are charged with 2 separate offenses. These 2 separate citations are what comprise what is commonly referred to as a Virginia DUI.
Virginia drunk driving convictions can be obtained by proving either of the following offenses;
- Driving while under the influence of alcohol (or drugs, or a combination of alcohol and drugs), or by
- Violating the Virginia "per se" laws.
The legal blood alcohol concentration (BAC) limit in Virginia is .08 % which means that it is illegal to drive with a BAC of .08% or greater. If you submitted to a chemical test and the results came in at .08% or greater then you'll most likely be convicted of violating the Virginia per se law. The test results are the only evidence the prosecution needs to prove guilt on this count.
What is not commonly realized though is that you can get a Virginia DUI even if you are not over the legal blood alcohol limit. If the officer determines that the amount of alcohol you consumed was enough to impair your ability to safely operate a motor vehicle he or she can still cite you for driving under the influence (DUI), no matter what your BAC was. Below are some of the punishments you can expect.
Surrounding Communities
- Alexandria
- Annadale
- Bethesda
- Gaithersburg
- McLean
- Silver Spring
- Washington
|
