The Code of Virginia , section: 18.2-266
Substantive DUI/Excess Alcohol Offense, 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, or (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. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii) or (iv).
For the purposes of this section, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.
Comments : There are four ways to prove DUI in Virginia -- (1) operating a vehicle with a blood alcohol level above 0.08, (2) operating a vehicle while "under the influence" of alcohol; (3) operating a vehicle while "under the influence" of drugs; and (4) operating a vehicle while "under the influence of both alcohol and drugs.
| Former Virginia Police Officer |
Bose Law Firm lawyers consist of a former Fairfax police officer able to analyze police procedure and form unique defenses based on years of experience of conducting hundreds of criminal investigations, and DUI and traffic arrests.
Query: Did the police properly pace you in your Virginia reckless driving case pursuant to academy standards? Did the police properly conduct the Virginia DUI field sobriety tests? |
| Former Virginia Prosecutor | Bose Law Firm lawyers cumulative experience includes former prosecutorial expertise culminating in an unique understanding of how the government will prosecute their Virginia DUI and reckless driving cases.
Query: What will the prosecutor likely do with the facts of your reckless driving case? Does the Commonwealth Attorney's policy require strenuous argument for jailtime with yourDUI/DWI facts? |
| Former Virginia Private Investigator | Bose Law Firm lawyers includes a former private investigator with unique talent in investigating crimes, testifying in trials and understanding the criminal justice system.
Query: Does the witness in your Virginia DUI accident case have convictions which impede his level of truthfulness? Are there witnesses with exculpatory evidence in your Virginia DUI accident case? Did the police get the facts right in your Virginia reckless driving case? |
| Former Scientist | Bose Law Firm lawyers include counsel with training in advanced chemistry, physiology, biology at the university level. This leads to the careful analysis of complex chemical evidence, testing procedures and protocols. This experience is highly effective in cases involving expert toxicologist in DUI cases.
Query: Will your atkins diet influence the production of ketones and thus enhance your blood alcohol and thus the facts of your Virginia DUI case? Will the procedure implemented by the registered nurse in extracting your blood in your Virginia DUI case influence the results? |
| Lecturers and Professors | Bose Law Firm attorneys teach other attorneys/lawyers and police officers various areas of criminal law, DUI defense and criminal procedure. Further, Bose Law Firm lawyers teach police officers in various forums and are lectuers and professors in local colleges.
Bose Law Firm attorneys are called upon frequently to tender expert opinions in local media including WTOP news specifically for DUI and traffic law issues. Query: Did the police properly stop your vehicle prior to the DUI arrest in Virginia? Did the police follow their training protocols in your Virginia reckless driving accident case? |
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IMPORTANT: Virginia DUI/DWI Sanctions effective from July 1, 2004 require jail time in many more cases than ever. Click here for .pdf file of recent changes.
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