¿Cuál es la definición de DUI en Virginia?
By: LawInfo
DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has a blood alcohol concentration (BAC) of .08% or more . . . . or while such person is under the influence of alcohol, or such person is under the influence of any narcotic drug or any other self administered intoxicant."
In laymen’s terms, this means that a person can be found guilty of driving while intoxicated if:
- Their blood alcohol level when they were driving was .08 or more, as determined by a chemical test (this is called a "per se" statute), or
- If the person is proven to be under the influence of alcohol or under the influence of drugs (this is called a presumption statute).
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Additional Virginia Drunk Driving Defense FAQs
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Q:
Do I have to take a Breath Test or any other Chemical Test when pulled over for suspected DUI in Virginia?
A: Simply stated, No. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give … More -
Q:
What happens if the police officer failed to read me my rights after a DUI arrest in Virginia?
A: There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to … More -
Q:
Do I have a choice of Blood Alcohol Level Tests under Virginia DUI Law?
A: At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is … More -
Q:
Can I represent myself in Court under Virginia DUI Law?
A: Anyone can represent themselves in court, but DUI law is very complicated and the punishments are severe. DUI statutes take up 42 pages of the Virginia Code. … More -
Q:
Where can I find a Virginia DUI Lawyer?
A: Check out LawInfo.com’s list of Lead Counsel Rated attorneys to find qualified legal representation. More -
Q:
What terms are used for drunk driving offenses in Virginia?
A: A person arrested for drunk driving in Virginia will be charged with Driving Under the Influence (“DUI”). More -
Q:
Is drinking and driving a crime in Virginia?
A: It is not a crime to drink and drive in Virginia. However, you may not legally drive if your Blood Alcohol Content (BAC) has exceeded the maximum percentage allowed … More -
Q:
What is the legal drinking limit for drivers in Virginia?
A: The blood alcohol limit in Virginia is a 0.08 BAC, unless you are under the age of 21. If you are under the age of 21 and your BAC is 0.02 or higher then you are … More -
Q:
What are the penalties for a DUI conviction in Virginia?
A: Conviction for DUI first offense: Mandatory, minimum $250 fine, Driver’s license revocation for one year. Conviction for DUI second offense: Mandatory, minimum … More -
Q:
What happens if I refuse to take a Chemical Test in Virginia?
A: If a suspect refuses the chemical test, and the refusal is "unreasonable," the suspect will lose his driving privileges in Virginia for the civil offense of … More
