§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such 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. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.
Virginia DUI laws – statute(s)
- VA Code Ann. § 18.2-266.
Virginia DUI laws – standard
- “It shall be unlawful for any person to drive or operate any motor vehicle . . . while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.” VA Code Ann. § 18.2-266.
Virginia DUI laws – applicable substances
- Narcotic drug or self-administered intoxicant or drug.
Virginia DUI laws – affirmative defense
Virginia Per se – statute(s)
- VA Code Ann. § 18.2-266.
Virginia Per se – standard
- “It shall be unlawful for any person to drive or operate any motor vehicle . . . while such person has a blood concentration of any of the following substances at a level that is equal to or greater than . . . .” VA Code Ann. § 18.2-266.
Virginia Per se – applicable substances
- Cocaine (0.02 mg/ml blood); Methamphetamine (0.1 mg/ml blood); Phencyclidine (0.01 mg/ml blood); 3,4-methylenedioxymethamphetamine (0.1 mg/ml blood).
Virginia Per se – affirmative defense
Virginia Implied consent – applicable drivers
- Any person who operates a motor vehicle upon a highway in Virginia. VA Code Ann. § 18.2-268.2(A).
Virginia Implied consent – tests authorized
- Samples of blood, or breath. VA Code Ann. § 18.2-268.2(A).
Virginia Implied consent – basis for test
- Driver must be arrested for violation of drugged driving laws. VA Code Ann. § 18.2-268.2(A).
Virginia Implied consent – evidence of refusal
- Evidence of a finding against the defendant under § 18.2-268.3 for his unreasonable refusal to consent to a test is admissible into evidence, but only “for the sole purpose of explaining the absence at trial of a chemical test of such sample” and not evidence of guilt. VA Code Ann. § 18.2-268.10.
