It is against the law to drink and drive in Virginia. This is likely not news to you. However, do you know how driving while intoxicated is defined in Virginia? Do you know when the police may arrest you for a Virginia DUI or DWI?

Virginia Driving While Intoxicated Law

Drunk driving is defined in § 18.2-266 of the Code of Virginia. According to § 18.2-266 it is unlawful to drive any motor vehicle (this may include cars, motorcycles, trucks, trains, mopeds etc.) if you 

  • Have a blood alcohol content of 0.08 or higher.
  • Are under the influence of alcohol.
  • Are under the influence of a narcotic, another drug, or a combination of drugs that impairs your ability to drive or operate your vehicle safely.
  • Are under a combination of alcohol and drugs that impairs your ability to drive or operate your vehicle safely.
  • Have a blood concentration equal to or greater than 0.02 milligrams of cocaine.
  • Have a blood concentration equal to or greater than 0.1 milligrams of methamphetamine.
  • Have a blood concentration equal to or greater than 0.01 milligrams of phencyclidine.
  • Have a blood concentration equal to or greater than 0.1 milligrams of 3,4-methylenedioxymethamphetamine.

Thus, while many people commonly think of driving while intoxicated as having a blood alcohol content of 0.08% or higher, there are also other definitions of driving under the influence in Virginia that could lead to an arrest.

Northern Virginia DUI Lawyers May Help After Any Type of DWI Arrest

If you are facing a Virginia DWI arrest then it is important to learn more about your rights and about how to defend yourself. You can learn more on our website or by calling our Fairfax DWI defense lawyers directly at 703.385.5529.

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