Re: Blew a .06 and got a dwi
Posted by:
1995hoo
()
Date: August 22, 2011 12:01PM
help Wrote:
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> Rrrr no you obviously dont know the law. BAC of
> .08 or above is a DUI. .04-.08 is a DWI. Some
> states treat DWIs as a lesser offense than a DUI,
> Virginia does not
You have that backwards, although you're correct that Virginia doesn't distinguish between "DWI" and "DUI." In states that do make that distinction, "DWI" is the more severe offense because it refers to "driving while intoxicated," whereas "DUI" refers to "driving under the influence." You can be "under the influence" of alcohol without being "intoxicated," as anyone who understands the difference between being "buzzed" and being "drunk" ought to know.
Va. Code 18.2-266 provides as follows. Note that "under the influence of alcohol" is a separate provision from the 0.08 BAC provision. You can be busted for DUI regardless of your BAC if it's apparent that you're under the influence of alcohol.
[QUOTED STATUTE FOLLOWS]
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.