What is illegal under Virginias DUI law?
Virginia’s DUI laws really set out 4 different offenses . . . 3 involve your level of impairment and do not require proof of the amount of alcohol/drugs in your system. The 4th involves the amount of alcohol in your system and does not require proof that you were impaired. The 3 related offenses that all involve your level of impairment are (1) driving under the influence of alcohol, (2) driving under the influence of drugs and (3) driving under the influence of a combination of alcohol and drugs. In alcohol cases, a BAC of .08 or more creates a presumption that you were under the influence of alcohol. More importantly, it is illegal to drive with a BAC of .08 or more, whether you are under the influence of alcohol or not.
Virginia’s DUI laws really set out 4 different offenses – 3 involve your level of impairment and do not require proof of the amount of alcohol/drugs in your system; and conversely 1 involves the amount of alcohol in your system and does not require proof that you were impaired. The 3 related offenses that all involve your level of impairment are (1) driving under the influence of alcohol, (2) driving under the influence of drugs and (3) driving under the influence of a combination of alcohol and drugs. In alcohol cases, a BAC of .08 or more creates a presumption that you were under the influence of alcohol. In addition, it is illegal to drive with a BAC of .08 or more, whether you are under the influence of alcohol or not.
