How is DWI/DUI/Drunk Driving Defined Under Virginia Law?
In Fairfax County and Northern Virginia (as in all of Virginia), DWI and DUI are defined by code section 18.2-266. Under this code section, a DWI or DUI can be proven a number of ways including: • evidence of a blood alcohol concentration (BAC) of 0.08 percent or more; or • evidence that a person is “under the influence” of alcohol • evidence that person is “under the influence” of any narcotic drug • evidence that a 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. In addition to one of the above factors, the Commonwealth Attorney (prosecutor) must prove the defendant did “drive or operate any motor vehicle.” It is important to note that Virginia appellate courts have defined “oper
