DUI DWI DRE: Impaired Driving Lawyer

Courts | Instruments   



Unofficial information about this Virginia legislation is provided by the following attorney or lawyer:

Click here for sponsor

DUI, DWI & Criminal Legislation in Virginia  

Virginia 18.2-266 DUI/DWI/Driving while intoxicated , section: 18.2-266

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly. 

Substantive DUI/Excess Alcohol Offense, Virginia DUI/DWI 18.2-266

Code of Virginia 18.2-266 states that it is unlawful for any person to drive or operate any motor vehicle, while such person has a blood alcohol concentration of .08% or more. Therefore, there is a legal, rebuttable presumption one is driving under the influence of alcohol at .08 BAC and above. Such is DUI/DWI per se.

However, one may be convicted of Virginia DUI/DWI even if one's BAC is below .08 as 18.2-266 goes on to state that if the person is proven to be "under the influence of alcohol" or under the "influence of drugs," he may be convicted of driving under the influence of intoxicants.

Generally, prosecutors prove Virginia DUI cases under the per se portion of the statute - in cases where there is a BAC certificate showing that the defendant had a blood alcohol level of .08 or more. In cases where the defendant refused testing or in cases where defense counsel is able to keep the certificate from coming into evidence, the prosecutor may prove that the person is guilty of a 18.2-266 violation by showing that the defendant was “under the influence” of alcohol or drugs. Such proof usually is comprised of the defendant's driving behavior, field sobriety tests, and other indicia of intoxication.

Comments : Most laypersons and attorneys are confused by the per se issue in Virginia. The .08 BAC is a REBUTTABLE presumption. In cases involving .08,.09, and .10 BAC, it is always beneficial to challenge the government with the use of expert witnesses. For a list of Bose Law Firm wins in cases where the client's BAC is above .08, see www.vatrafficlaw.com and click the wins link from the second paragraph. Attorney line: 703-926-3900

Update this Section | Other  Legislation in Virginia

Add a Link to a Case or List of Cases for this Section

This is not the official web site for the  Virginia legislature. 


bulletClick to see attorney wins in Virginia Drunk Driving DUI/DWI Cases
bulletWinning cases in Virginia Drunk Driving DUI/DWI Cases

Add a Section






| Privacy |

  WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Warning: This is NOT a government web site.