Quote:
Originally Posted by onlydarksets
Those are disjunctive - any of them is DUI, not just .08.
18.2-26(i) means that .08 is presumptively a DUI (i.e., they don't have to prove you were actually impaired).
18.2-26(ii) means that you could blow .01, but it could be a DUI if they can otherwise prove you were impaired by alcohol.
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I was just trying to get some clarification about what Daseal meant. In my experience, most every state has a "set in stone" number as to the legal limit for DWI. Now I see that VA takes it a step farther by establishing probable cause for "impairment".
It's not like that in NC. If you don't blow a .08 a magistrate will automatically find no probable cause. The lesser offense we can charge people with is driving after consuming, which is only punishable by a fine and court costs.