Drug DUI in Virginia
A driver in Virginia can be charged with DUI without drinking any alcohol. Va. Code § 18.2-266 is one statute with five separate clauses, and three of them deal with drugs. The law makes it unlawful to drive or operate a motor vehicle while under the influence of any narcotic or self-administered intoxicant that impairs safe operation. It also covers the combined influence of alcohol and drugs. A further clause applies when a blood test shows cocaine, methamphetamine, MDMA, or PCP at or above the levels the statute lists. A first offense under any clause is a Class 1 misdemeanor, the same classification as an alcohol DUI. Drug cases differ from alcohol cases mainly in the evidence, because a roadside breath reading does not measure drugs. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia. To schedule a consultation, call (888) 437-7747.
The five clauses of Va. Code § 18.2-266
| Clause | What it covers | Alcohol or drugs |
|---|---|---|
| (i) | Blood alcohol concentration of 0.08% or more | Alcohol |
| (ii) | Under the influence of alcohol | Alcohol |
| (iii) | Under the influence of any narcotic or self-administered intoxicant that impairs safe operation | Drugs |
| (iv) | Combined influence of alcohol and drugs that impairs safe operation | Both |
| (v) | Blood concentration of cocaine, methamphetamine, MDMA, or PCP at or above the statutory level | Drugs |
Two kinds of drug DUI case
The clauses create two different types of case.
- Impairment cases, clauses (iii) and (iv). The Commonwealth must show that a substance impaired the driver’s ability to operate the vehicle safely. The evidence is usually the driving observed, the officer’s observations at the stop, and a blood result.
- Blood-level cases, clause (v). The clause names four substances only: cocaine, methamphetamine, MDMA, and PCP. The question is whether the blood result meets the level written in the statute.
Marijuana is not one of the four substances named in clause (v). A marijuana-related DUI charge therefore proceeds as an impairment case.
Chemical testing and refusal
Va. Code § 18.2-268.3 is the implied consent law. A person arrested for DUI under § 18.2-266 is deemed to have consented to chemical testing of breath or blood. An unreasonable refusal has its own penalties, separate from the DUI charge.
| Refusal | Classification under § 18.2-268.3 |
|---|---|
| First | Civil violation with a 1-year license suspension |
| Second within 10 years | Class 2 misdemeanor |
| Third | Class 1 misdemeanor |
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Drug DUI Charges
The first step is to identify which clause the Commonwealth is relying on, because each clause requires different proof. The reason for the stop, the officer’s observations, the timing and handling of the blood draw, and the laboratory certificate are each reviewed. In an impairment case, the link between the substance found and the driving observed receives close attention. The client receives a plain account of the charge, the possible penalties, and the realistic options before the first court date.
Frequently asked questions
Can you get a DUI in Virginia without alcohol?
Yes. Va. Code § 18.2-266 covers narcotics, self-administered intoxicants, and combinations of alcohol and drugs, in addition to alcohol.
Is a drug DUI a misdemeanor or a felony in Virginia?
A first offense under Va. Code § 18.2-266 is a Class 1 misdemeanor.
Which drugs have a set blood level in the statute?
Cocaine, methamphetamine, MDMA, and PCP.
Is there a set blood level for marijuana?
Marijuana is not among the four substances named in clause (v) of the statute.
What happens if you refuse a blood test?
Under Va. Code § 18.2-268.3, a first unreasonable refusal is a civil violation with a 1-year license suspension. A second within 10 years is a Class 2 misdemeanor, and a third is a Class 1 misdemeanor.
What if a drug DUI involves a fatal crash?
Va. Code § 18.2-36.1 treats an unintentional death caused by driving under the influence as involuntary manslaughter, a Class 5 felony.
About the attorney
Mr. Sris founded the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys have documented 4,739+ case results across all practice areas since 1997. Results may vary; prior outcomes do not guarantee a similar result.
Fairfax location: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
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