§ 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.

Which means…

You can be found guilty of a DUI/DWI if:

(1) Your blood alcohol level (BAC) is above .08; or
(2) Your blood BAC is below .08 and you are driving in an erratic manner; or
(3) Your blood has more than 0.02 mg of cocaine, 0.1 mg of methamphetamine, 0.01 mg of phencyclidine, 0.1 3,4-ethylenedioxymethamphetamine
(4) Marijuana is NOT included in this subsection, which means that you cannot automatically be found guilty of a DWI simply because you have marijuana in your system.  You must have enough marijuana in your system that impairs your ability to drive.

*Note: DUI = Driving under the Influence (of drugs or alcohol); DWI = Driving while Intoxicated (with alcohol)

What are the Punishments?

DUI 1st
Mandatory $250.00 fine (minimum)
1 year license suspension
Other terms and conditions the court finds appropriate

DUI 2nd (not within 10 years)
Mandatory $500.00 fine (minimum)
3 year loss of license
Possible jail up to a year

DUI 2nd (within 10 years)
Mandatory minimum ten (10) days in jail

DUI 2nd (within 5 years)
Mandatory minimum twenty (20) days in jail

DUI 3rd (within 10 years)
Revocation of driver’s license (indefinite)
Mandatory $1,000.00 fine (minimum)
Class 6 felony

DUI 3rd (within 5 years)
Mandatory minimum six (6) months in jail

DUI 3rd (within 5 years)
Mandatory minimum ninety (90) days in jail
Permanent loss of vehicle (if no one else owns car)

DUI 4th
Mandatory minimum one (1) year in jail

DUI with BAC .15% – .20%
Mandatory minimum five (5) days in jail (if first DUI) + other penalties
Mandatory minimum ten (10) days in jail (if second DUI) + other penalties

DUI with BAC .20% or higher 
Mandatory minimum ten (10) days in jail (for first DUI) + other penalties
Mandatory minimum twenty (20) days in jail (for second DUI) + other penalties

What can a lawyer do for me?

At this point, I usually try to explain what an attorney can do to assist you; however, when speaking about DUI’s you simply need to just talk to a lawyer.  You should not, in any circumstance, go forward without a lawyer.  There is just too much at stake.  Our firms consults are absolutely free…at the very least, speak with us to know what you are in for.