Chapter 1: What is a DWI and DUI in Virginia?

by Michael Carl Tillotson on Oct. 09, 2017

Criminal 

Summary: Chapter 1: What is a DWI and DUI in Virginia?

Difference between DWI and DUI?

    • What is the difference between DUI and DWI in Virginia?
    • Am I being charged with having a blood alcohol reading of 0.08, or being under the influence?
    • What is the definition of “impaired” in Virginia?
    • Is it better to get a DWI or a DUI?
    • What the law says

“Drive or operate”

    • How can I be convicted of driving under the influence when I wasn’t even driving?
    • My friend with a previous DWI got pulled over.  We switched places before the officer got to the car.  How can they charge me with DUI?
    • What the law says

“A motor vehicle”

    • Can I get a DWI for riding a bike drunk in Virginia?
    • Why did I get charged with a DUI? I was riding a moped.
    • What the law says.

(i) The 0.08 legal limit

    • I passed every test they gave me, but blew an 08.  How can they convict me of drunk driving when I wasn’t drunk?
    • I blew a .07, how could I be convicted of a DWI?  I thought the legal limit was .08?
    • So how will they try to convict me of a DWI at a 0.07 or 0.06?
    • Wrong on the web.
    • What the law says.

(ii)  Under the influence of alcohol

    • How can they convict me of drunk driving without a blood or breath test?
    • How do I know whether they are trying to convict me based upon my breath test or impairment?
    • What the law says.

(iii)  DUI-D:  Under the influence of drugs

    • What’s the difference between DUI & DWI?
    • How can they charge me with DUI for just taking my prescription medications?
    • Can I be convicted of DWI just for drinking a little alcohol and taking over the counter (OTC) medications?
    • What the law says.

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