What is the difference between DUI and DWI in Virginia? DUI means “Driving under Influence”, while DWI stands for “Driving during Noise” or “Driving during Impairment”. In Virginia, they are used interchangeably. If you look at our DUI statute, you will see’s 18.2-266.Driving motor vehicles, engines etc. in a drunk state etc. person is not permitted to drive or operate a motor vehicle. (ii) while that person is under the influence of a narcotic or other self-administered intoxicant or drug of any kind or combination of such drugs to an extent that affects their ability Driving or operating a motor vehicle or motor, or exercising safely, (iv) while that person is under the combined influence of alcohol and drugs or drugs to an extent that will affect their ability to drive. Note that subsections (iii) and (iv) define “under influence” as “driving disabled”. DUI (driving under influence) is DWI (driving with impairment) in Virginia. Am I accused of having a blood alcohol level of 0.08 or being under influence?
The prosecutor never has to state whether you are under the influence of subsection (I) 0.08 or (ii). During the trial, the Commonwealth attorney guides the officer through your driving, his observations of you, and your performance in the sobriety tests on site, and your breath or blood test.
We have to pass the breath test and the “signs of poisoning” to win. Virginia Code 18.2-266 states that an “offense against this section should support a conviction under clauses (i), (ii), (iii), (iv) or (v)”. What is the definition of “impaired” in Virginia? The courts in Virginia have long ruled that intoxicated or impaired means “when a person has consumed enough alcoholic beverages to affect” his or her type, disposition, language, muscle movement, general appearance or behavior in such a way that it is obvious to the observations “. See Thurston city of Lynchburg, 15 Va.475, 483, 424 S.E.2d 701, 705 (1992) (cited Gardner commonwealth, 195 Va. 945, 954, 81 S.E.2d 614, 619 (1954)). In court, the officer will usually testify what he saw: your speech was slow, blurry, or incoherent; you swayed while walking or standing; you were leaning on items to get support, stumbled, or had problems balancing.
The prosecutor will link these observations of “language, muscle movement, and general appearance” to any confession you made about drinking alcohol to prove that you were drunk’s 18.2-266.Driving motor vehicles, engines etc. in a drunk state etc. It is prohibited for a person to drive or operate a motor vehicle, motor or train (I) while that person has a blood alcohol concentration of 0.08% by weight or more by volume or 0.08 grams or more by 210 liters of breath, such as indicated by a chemical test performed in accordance with this Article, (ii) while this person is under the influence of alcohol, (iii) while that person is under the influence of a narcotic or other self-administered intoxicant or drug of any kind, or a combination thereof Drugs to an extent that affects their ability to safely drive or operate a motor vehicle, motor, or train, (iv) while that person is under the combined influence of alcohol and drugs or drugs to an extent that affects their ability to Drive or operate motor vehicles, engines, or trains safely, or (v) during this person has a blood concentration of the following substances at a level 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 of violation of this section supports a conviction under paragraphs (I), (ii), (iii), (iv) or (v). For the purposes of this article, the term “motor vehicle” includes mopeds that are operated on the public highways of this Commonwealth.