Select a Code Section from the list below:

• 2004 New Edition of 4.1-100 Definition of Intoxication
• The Code of Virginia, section: 18.2-266, 2004 edition
• The Code of Virginia, section: 18.2-266
• The Code of Virginia, section: 18.2-270
• The Code of Virginia, section: 18.2-268.3
• The Code of Virginia, section: § 46.2-391.2
• The Code of Virginia, section: 18.2-267
• The Code of Virginia, section: 18.2-268.2
• The Code of Virginia, section: 18.2-268.9
• The Code of Virginia, section: 18.2-269
• The Code of Virginia, section: 18.2-270.1
• The Code of Virginia, section: 18.2-271
• The Code of Virginia, section: 18.2-271.1

2004 New Edition of 4.1-100 Definition of Intoxication

Upon review of 18.2-266 of the Code of Virginia, one finds that there are several ways the government may prove a DUI. This section is relevant in defining intoxicated for the entry of circumstantial evidence of intoxication.

The Code of Virginia, section: 18.2-266, 2004 edition

Virginia law dictates that there are several methods to prove a DUI. Section (i) above indicates the presumption of DUI at a .08 BAC. However, a case may be proven without any reference to a breath/blood specimen under section (ii). Section 4.1-100 of the Code provides certain manifestations of intoxication which provide the basis for evidence of DUI based on circumstantial evidence of intoxication such as slurred speech, etc.

The Code of Virginia, section: 18.2-266

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.