In Virginia, if you are accused of impaired driving then you can be charged with either driving under the influence of alcohol and/or drugs (DUI) or driving while intoxicated (DWI), though they are essentially the same. It is illegal to operate a motor vehicle, boat, or watercraft if you are under the influence of alcohol or drugs to the extent that your driving ability is impaired. VA Code Section 18.2-266 outlines the blood concentrations that are illegal based on substance:
- Alcohol: 0.08 percent or higher
- Cocaine: 0.02 milligrams of cocaine per liter of blood
- Methamphetamine (crystal meth): 0.1 milligrams per liter of blood
- Phencyclidine (PCP): 0.01 milligrams per liter of blood
- 3,4-methylenedioxymethamphetamine (ecstasy): 0.1 milligrams per liter of blood
However, you can be arrested for DUI if your blood concentrations are lower and your driving ability is impaired or erratic or if you have taken other drugs that affect your driving ability.
The charges and penalties for DUI depend on whether it’s a first-time DUI offense or a subsequent one, as well as your BAC at the time of the offense. We’ve separated the offenses into different sections for ease of reading.
You might also be interested in reading more about DUI penalties and potential DUI defenses, as well as how to get back your car from the impound or how the driver’s license suspension applies to you.
Call a Roanoke DUI Lawyer Today
If you’ve been charged with a DWI / DUI in Virginia, the experienced criminal defense attorneys at Copenhaver, Ellett & Derrico can help evaluate the details of your case and your options. For an appointment at our Roanoke office, call us at .