Virginia DUI

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Driving under the influence (DUI) in every state has different penalties. The Virginia code, Section 18.2-266 states that it is unlawful for any person to drive or operate a vehicle if he or she is under the influence of alcohol, a narcotic drug, or any other self-administered intoxicant. Any person can be convicted for DUI if he or she was found driving at above 0.08 blood alcohol level through a chemical test or he or she was “presumed” to be under the influence of any alcohol or drugs. The chemical test is done through a breath test. If the breath test results in a 0.08 blood alcohol level or higher, there is no more need for the prosecutor to prove anything else. On the other hand, if there is an absence of a breath test or any other chemical evidence, the prosecutor shall use driving behavior and field sobriety tests to establish that the defendant is driving under the influence.

DUI or DWI

Driving under the influence (DUI) and driving while intoxicated (DWI) are different offenses in some states. Driving while intoxicated is a more serious offense. An individual convicted of DWI is found and tested to have a greater amount of alcohol or drug in his or her system compared to a person convicted for DUI who was found intoxicated with only a small or moderate amount. A person convicted for DWI is automatically guilty while DUI convicts can still appeal or present evidence that his or her coordination was so good, though blood tested at 0.08.

Offenses

A person arrested for DUI within 3 hours of the offense is required to undergo a breath test or chemical test. Failure to do so shall lose the offender's license. Subsequent DUI convictions shall make the offender suffer stronger criminal penalties, including six months imprisonment, loss of license, and alcohol education or treatment classes.