Man Gets DWI After Riding Motorized Cooler

[onlydarksets]

Originally Posted by Lady Brave

Looks pretty set in stone to me.

Legislative Information System

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.

[Lady Brave]

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.

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.