What is the Difference Between DUI and DUID in Virginia?
The subject for exploration today centers on the differences between two intoxicated driving charges in Virginia — DUI and DUID. The following sections will cover important definitions of and penalties for both offenses.
What is the Definition of DUI in Virginia?
Code of Virginia 18.2-266 makes it unlawful to drive under the influence (DUI). A DUI charge in Virginia generally refers to impairment from alcohol. The legal limit in Virginia is a blood-alcohol concentration (BAC) of 0.08. A DUI charge occurs when a driver exceeds the BAC limit and operates a vehicle in an intoxicated or impaired manner.
What is the Definition of DUID in Virginia?
Section 18.2-266 also makes it unlawful to drive under the influence of drugs (DUID). A DUID charge occurs when a driver uses illegal drugs and operates a vehicle in an intoxicated or impaired manner.
Section 18-266 outlines the blood-concentration boundaries for certain illegal drugs, including:
- 02 milligrams per liter of blood of cocaine;
- 1 milligrams per liter of blood of methamphetamine;
- 01 milligrams per liter of blood of phencyclidine; and
- 1 milligrams per liter of blood of 3,4-methylenedioxymethamphetamine.
If a driver exceeds the levels above while operating a vehicle, then they may face criminal charges for DUID.
What are the Penalties for DUI and DUID in Virginia?
The Virginia penalties for DUI and DUID appear in Code of Virginia 18.2-270. The law does not differentiate between DUI and DUID from a penalty standpoint. Though there are certain alcohol-specific penalties that address drivers with high BAC levels.
In most cases, Virginia assigns the following penalties for DUI and DUID offenses:
- First Offense — Is a Class 1 misdemeanor. The potential punishments include 12 months in jail and $2,500 in fines.
- Second Offense (within 10 years) — Is also a Class 1 misdemeanor and mirrors the same punishments as for the first offense. But the second offense within 10 years includes a mandatory minimum for the fine ($500).
- Third Offense (within 10 years) — Is a Class 6 felony. The potential punishments include 60 months in jail and $2,500 in fines.
- Fourth or Subsequent Offense (within 10 years) — Is also a Class 6 felony and mirrors the same punishments as for the third offense. But a fourth or subsequent offense within 10 years includes mandatory minimums for the jail sentence (12 months) and fine ($1,000).
It is also important to note that Section 18.2-266 includes intoxication based on a combination of alcohol and drugs. If the driver is unable of operating their vehicle safely, it may qualify as DUI or DUID.
Contact Us Today for Help
If you have legal questions about DUI, DUID, or other criminal charges in Virginia, it is advised that you speak with a trustworthy criminal defense attorney. The attorneys at Simms Showers LLP, servicing Leesburg, Winchester, Fairfax, and Manassas, have experience fighting a variety of criminal charges in Virginia, including DUI and DUID. If you need legal help with criminal defense, contact us today for a free initial consultation.