There are two different ways for the prosecution to secure a conviction for driving while intoxicated (DWI) in Virginia. In both cases, the prosecution must also prove that the defendant was driving or operating a motor vehicle.
The first way is to prove that the defendant had 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. In this case, the prosecution does not need to prove that the defendant's driving was impaired in any way. Impaired driving ability can be presumed through the introduction of admissible chemical test results.
The second way, often referred to as driving under the influence (DUI), is for the prosecution to prove that the defendant was operating the vehicle under the influence of either alcohol, drugs, or some combination thereof.
Source: Virginia Criminal Code § 18.2-266.
General District Courts Information: