Virginia DUI 18.2-266
The Commonwealth of Virginia passed a number of statutes regarding driving under the influence (DUI) that either define the elements of the offense or the penalties an individual may face if convicted. The statutes can be difficult for the average person to decipher, so working with a Virginia DUI defense attorney who is familiar with these laws is in your best interest.
What Constitutes A DUI?
Virginia Code 18.2-266 defines the state's definition of driving under the influence. Under this law, individuals who operate any motor vehicle (such as cars, motorcycles, mopeds, and trains) with a blood alcohol concentration (BAC) of .08% or whose driving abilities are impaired by alcohol can be charged with DUI.
The law goes on to state that it is illegal to drive a motor vehicle while under the influence of any narcotic drug or intoxicating substance. The legal limit for driving under the influence of drugs varies based on the substance: 0.02 milligrams per liter of blood for cocaine, 0.1 milligrams for methamphetamine, 0.01 milligrams for phencyclidine (PCP or angel dust), and 0.1 milligrams for 3,4-methylenedioxymethamphetamine (MDMA or ecstasy).
Consult With An Attorney Immediately
If you have been arrested for violating statute 18.2-266, hiring an attorney may improve your chances of a successful outcome. In order to win their case, the prosecution must prove that you violated every element of the law listed above; however, if your attorney can prove that the evidence doesn't support your guilt, there is a chance that you could be acquitted or your charges dismissed.
The prosecution will attempt to use your BAC reading or the officer's testimony to show that you broke the law. If your attorney finds that the breathalyzer used to determine your BAC was malfunctioning or that the officer administered the field sobriety tests incorrectly--thus impacting your results--he or she can challenge the evidence.
The Law Office of Michael C. Tillotson is dedicated to helping Virginia residents who have been charged with violating the state's DUI law. Thanks to our legal team's training and experience, we have a record of winning results and have developed a reputation in the legal system for our aggressive defense. Our attorneys have hosted seminars on how to beat the breath test, are trained on Virginia's breath test machine, and have passed the same field sobriety test class that officers take.
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