My Hometown Lawyers | Spotlighting DUI Lawyers in Virginia Beach, 23451
Daniels and Associates | Serving 23451
Our law firm has been handling cases just like yours for decades and we specialize in helping travelers and spring breakers on vacation in VA Beach.
Driving after a few drinks and getting caught is often the only brush with a criminal activity that many people ever have. But it's serious business, as anyone who has been in a car accident involving alcohol will tell you. While the phase is drunk driving, the legal standard is really whether a driver's ability to operate a vehicle has been diminished by alcohol. |
In Virginia, the main Drunk Driving Statute is Virginia Code Section 18.2-266.
Titled: Driving motor vehicle, engine, etc., while intoxicated, etc. Which reads;
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.
This basically means that there is an assumption of intoxication once your blood alcohol concentration reaches 0.08 %. This is a rebuttable presumption however, depending on each individuals circumstances; meaning it is possible to be intoxicated below a 0.08 or not be intoxicated at all if you are above a 0.08. Since each case is different, it's best to talk to a quality attorney before going to court.
Titled: Driving motor vehicle, engine, etc., while intoxicated, etc. Which reads;
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.
This basically means that there is an assumption of intoxication once your blood alcohol concentration reaches 0.08 %. This is a rebuttable presumption however, depending on each individuals circumstances; meaning it is possible to be intoxicated below a 0.08 or not be intoxicated at all if you are above a 0.08. Since each case is different, it's best to talk to a quality attorney before going to court.
