§ 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc.

History

This law was first passed in 1950. It was updated in 1960, 1975, 1977, 1984, 1986, 1987, 1992, 1994, 1996, and 2005.

Amendment Attempts

2006
- HB364: DUI of alcohol or drugs; removes reference to engine or train from DUI statutute. (failed)
2007
- HB2748: DUI; prohibits driving of only a motor vehicle following a conviction thereto. (failed)
- HB3049: Driving under influence of alcohol; conviction based on blood alcohol concentration. (failed)
2008
- HB224: Driving while intoxicated; elimination of requirement that intoxicant be self-administered. (failed)
- HB558: Driving while intoxicated; elimination of requirement that intoxicant be self-administered.

Court Decisions

Ray Anthony Gibson v. Commonwealth of Virginia (COA, 03/22/11)
Trial court did not err in denying appellant
Keith Orlando Young v. Commonwealth of Virginia (COA, 03/01/11)
Trial court did not err in finding appellant was under arrest and implied consent statute applied and authorized the admission of the blood test results into evidence
Michael Rashe Davis v. Commonwealth of Virginia (COA, 01/11/11)
No error in appellants conviction of aggravated involuntary manslaughter where there was no double jeopardy or Code 19.2-294 violation and evidence was sufficient to prove drove under the influence and that this was a cause of victims death and record supports finding of criminal negligence
Sharon Breeden Wood v. Commonwealth of Virginia (COA, 11/23/10)
Trial court did not err in finding evidence sufficient to support appellants convictions of two counts of felony child endangerment, in admitting appellants statement regarding future conduct, or in finding appellant ingested Ambien knowing it would impair her ability to drive and supervise her children
Ellen Marie Rix v. Commonwealth of Virginia (COA, 08/17/10)
Trial court did not err in finding evidence was sufficient to prove appellant was in actual physical control of vehicle where she switched seats with the driver in order to represent herself as the operator of the vehicle as she was in a position to regulate its movements; convictions of driving under the influence and refusal to take breath test affirmed

Cross References

§ 4.1-225 Grounds for which Board may suspend or revoke licenses.
§ 15.2-1716 Reimbursement of expenses incurred in responding to DUI and related incidents.
§ 16.1-69.48:1.01 Additional fee assessed for conviction of certain offenses.
§ 16.1-247 Duties of person taking child into custody.
§ 16.1-260 Intake; petition; investigation.
§ 16.1-278.9 Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy.
§ 17.1-275.11 Additional fee assessed for conviction of certain offenses.
§ 18.2-36.1 Certain conduct punishable as involuntary manslaughter.
§ 18.2-51.4 Maiming, etc., of another resulting from driving while intoxicated.
§ 18.2-267 Preliminary analysis of breath to determine alcoholic content of blood.
§ 18.2-268.2 Implied consent to post-arrest testing to determine drug or alcohol content of blood.
§ 18.2-268.3 Refusal of tests; penalties; procedures.
§ 18.2-268.4 Trial and appeal for refusal.
§ 18.2-268.5 Qualifications and liability of persons authorized to take blood sample; procedure for taking samples.
§ 18.2-268.8 Fees.
§ 18.2-268.9 Assurance of breath-test validity; use of breath-test results as evidence.
§ 18.2-268.10 Evidence of violation of driving under the influence offenses.
§ 18.2-269 Presumptions from alcohol or drug content of blood.
§ 18.2-270 Penalty for driving while intoxicated; subsequent offense; prior conviction.
§ 18.2-270.01 Multiple offenders; payment to Trauma Center Fund.
§ 18.2-270.1 Ignition interlock systems; penalty.
§ 18.2-271 Forfeiture of driver's license for driving while intoxicated.
§ 18.2-271.1 Probation, education and rehabilitation of person charged or convicted; person convicted under law of another state.
§ 18.2-272 Driving after forfeiture of license.
§ 18.2-308 Personal protection; carrying concealed weapons; when lawful to carry; penalty.
§ 18.2-308.1:1 Purchase, possession or transportation of firearms by persons acquitted by reason of insanity; penalty.
§ 19.2-11.01 Crime victim and witness rights.
§ 19.2-73 Issuance of summons instead of warrant in certain cases.
§ 19.2-81 Arrest without warrant authorized in certain cases.
§ 19.2-120 Admission to bail.
§ 19.2-120.1 Presumption of no bail for illegal aliens charged with certain crimes.
§ 19.2-187.02 Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment.
§ 19.2-294.1 Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge.
§ 19.2-299 Investigations and reports by probation officers in certain cases.
§ 19.2-368.2 Definitions.
§ 19.2-386.34 Forfeiture of vehicle used in a felony violation of § 18.2-266.
§ 19.2-389 Dissemination of criminal history record information.
§ 29.1-738 Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc.
§ 29.1-738.02 Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty.
§ 46.2-301 Driving while license, permit, or privilege to drive suspended or revoked.
§ 46.2-301.1 Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle.
§ 46.2-316 Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility for certain offenses.
§ 46.2-334 Conditions and requirements for licensure of persons under 18; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; home-schooled students; fee.
§ 46.2-341.18 Disqualification for certain offenses.
§ 46.2-341.28 Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction.
§ 46.2-357 Operation of motor vehicle or self-propelled machinery or equipment by habitual offender prohibited; penalty; enforcement of section.
§ 46.2-383 Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports.
§ 46.2-384 Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records.
§ 46.2-389 Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions.
§ 46.2-391 Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege.
§ 46.2-391.01 Administrative enforcement of ignition interlock requirements.
§ 46.2-391.2 Administrative suspension of license or privilege to operate a motor vehicle.
§ 46.2-391.4 When suspension to be rescinded.
§ 46.2-395 Suspension of license for failure or refusal to pay fines or costs.
§ 46.2-411 Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee.
§ 46.2-411.1 Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated.
§ 46.2-487 Statutes and ordinances deemed to cover offenses specified in subdivision (a) of Article IV of compact.
§ 46.2-492 Uniform Demerit Point System.
§ 46.2-1313 Incorporation of provisions of this title, Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 and Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 in ordinances.
§ 65.2-306 When compensation not allowed for injury or death; burden of proof.

Cite As

Official: Va. Code § 18.2-266
Universal: VA Code § 18.2-266

Trust, But Verify

If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-266 on the official Code of Virginia website.

Keyboard Guide

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.

History

This law has been modified 9 times since it was first created in 1960. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1975, chapters 14, 15, ; in 1977, chapter 637; in 1984, chapter 666; in 1986, chapter 635; in 1987, chapter 661; in 1992, chapter 830; in 1994, chapters 359, 363; in 1996, chapter 439; in 2005, chapters 616, 845.

Virginia Decoded

The Virginia state code, for humans.

§ 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc.

History

Amendment Attempts

Court Decisions

Cross References

Cite As

Trust, But Verify

History

Comments

§ 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc.

History

Amendment Attempts

Court Decisions

Cross References

Related Laws

Cite As

Trust, But Verify

History

Comments