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DUI, DWI & Criminal Legislation in Virginia  

New 2007 Virginia DUI Statute , section: 18.2-266 (2007 Edition)

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Substantive DUI/Excess Alcohol Offense, 2007 DUI Law in Virginia - Section 18.2-266 Va Code

18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

Comments : Virginia law dictates that there are several methods to prove a DUI. Section (i) above indicates the presumption of DUI at a .08 BAC. However, a case may be proven without any reference to a breath/blood specimen under section (ii). Section 4.1-100 of the Code provides certain manifestations of intoxication which provide the basis for evidence of DUI based on circumstantial evidence of intoxication such as slurred speech, etc..

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