Driving under the influence (DUI) is covered by Virginia Code section 18.2-266 and includes four basic scenarios. These are (i) operating with a blood alcohol content (BAC) of above 0.08 grams per milliliter or (ii) operating after consuming alcohol to the point that your ability to operate a motor vehicle is impaired. These also include (iii) operating a motor vehicle after consuming drugs to the point that your ability is impaired or (iv) operating a motor vehicle after consuming a combination of drugs and alcohol to the degree at which your ability to operate is impaired. Any of these four basic varieties of DWI or DUI is found in Virginia Code Section 18.2-266.
No. You do not necessarily need to blow a 0.08 or above BAC to be charged with driving under the influence in Virginia. Depending on the facts and circumstances of your case, there may not be a breath test at all, there may be a blood test, or no chemical test. There may be a refusal to submit to such a test. Likewise, your case could involve simply observations that an officer believes are sufficient to charge you with the offense.
DUI laws are heavily enforced in Loudoun County, Virginia. DUI and driving while intoxicated (DWI) are public safety laws, meaning that the legal aim behind that enforcement lies in protecting the public from impaired drivers and protecting impaired drivers from themselves. For this reason, the laws are heavily and aggressively enforced—especially on nights, weekends, and other times when residents of Loudoun County or visitors are more apt to imbibe alcohol.
DUI checkpoints are not particularly common in Loudoun County for a variety of reasons. First, Loudoun County has many residential suburban roads rather than major highways. Second, Loudoun County is quite rural and residential, instead of being an area where there’s many large cities or towns. This makes it more difficult to find a suitable place for a DUI checkpoint. However, in the summer months especially, DUI checkpoints are found in Loudoun County particularly in and around the Town of Leesburg and the Town of Purcellville. These checkpoints are also found around the times when there are major events such as concerts, festivals, or other attractions that will lead large amounts of people to potentially drink alcohol.
DUI cases in Loudoun County are prosecuted very aggressively. They are handled from the prosecutorial side of things by the Loudoun County Commonwealth Attorney’s Office in conjunction with the arresting officer who is involved in the case. The prosecutors evaluate the case and decide how to proceed with the prosecution. DUI cases are initially prosecuted,, under most circumstances, in the Loudoun County General District Court. The Loudoun County General District Court is located at 18 East Market Street in Leesburg, Virginia.
Northern Virginia Criminal Defense Group
