VIRGINIA DUI LAWS BY A VIRGINIA DUI LAWYER

There are many different DUI laws in Virginia.  Before a DUI lawyer can defend a DUI in Virginia, it is critical to know and understand the different DUI laws in Virginia.  The most commonly charge DUI violation in Virginia is Virginia Code 18.2-266.

If you have been charged with a DUI in Virginia and are seeking the help of an experienced Virginia DUI lawyer, contact the SRIS Law Group for help.

Our Virginia DUI Lawyers have the experience and knowledge to defend you against a DUI charge in Virginia.

Since the penalties associated with a DUI charge are so severe, it is critical to mount the strongest defense possible against a DUI charge.

The following are some of the DUI laws in Virginia:

• Virginia DUI Laws § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
• Virginia DUI Laws § 18.2-266.1. (Effective July 1, 2010) Persons under age 21 driving after illegally consuming alcohol; penalty.
• Virginia DUI Laws § 18.2-267. Preliminary analysis of breath to determine alcoholic content of blood.
• Virginia DUI Laws § 18.2-268.3. Refusal of tests; penalties; procedures.
• Virginia DUI Laws § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction.
• Virginia DUI Laws § 18.2-271. Forfeiture of driver’s license for driving while intoxicated.
• Virginia DUI Laws § 18.2-272. Driving after forfeiture of license.

• § 18.2-268.9.  Assurance of breath-test validity; use of breath-test results as evidence

A. To be capable of being considered valid as evidence in a prosecution under § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272, or a similar ordinance, chemical analysis of a person’s breath shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with methods approved by the Department.

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B. The Department shall establish a training program for all individuals who are to administer the breath tests. Upon a person’s successful completion of the training program, the Department may license him to conduct breath-test analyses. Such license shall identify the specific types of breath test equipment upon which the individual has successfully completed training. Any individual conducting a breath test under the provisions of § 18.2-268.2 shall issue a certificate which will indicate that the test was conducted in accordance with the Department’s specifications, the name of the accused, that prior to administration of the test the accused was advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test, the date and time the sample was taken from the accused, the sample’s alcohol content, and the name of the person who examined the sample. This certificate, when attested by the individual conducting the breath test on equipment maintained by the Department, shall be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided that the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any such certificate of analysis purporting to be signed by a person authorized by the Department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. A copy of the certificate shall be promptly delivered to the accused. Copies of Department records relating to any breath test conducted pursuant to this section shall be admissible provided such copies are authenticated as true copies either by the custodian thereof or by the person to whom the custodian reports.
The officer making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arrest of the accused, if otherwise qualified to conduct such test as provided by this section, may administer the breath test and analyze the results.