DUI Defense | smithfirm

Driving Under the Influence

One of the most commonly charged crimes in Virginia is DUI (driving under the influence).

Virginia Code 18.2-266 states that is unlawful for any person to drive or operate any motor vehicle while that person’s blood alcohol concentration is 0.08 percent or more by weight by volume or while that person is under the influence of alcohol or under the influence of any narcotic drug or other self-administered intoxicant or drug of any nature if it impairs his ability to drive or operate any motor vehicle safely.

What this essentially means is that if a person is deemed to be under the influence of alcohol or any drug, he or she may be criminally charged with DUI or DWI if he or she is observed driving or operating a motor vehicle. By including the “or operating” clause, a person can be charged even if the car is not being driven, but is turned on to the auxiliary position.

Also see: