Driving Under the Influence of Drugs

Driving Under the Influence of Drugs in VirginiaDriving Under the Influence of Drugs in Virginia occurs when a driver’s ability to operate a motor vehicle safely is impaired due to being under the influence of drugs or a combination of drugs and alcohol.  A driver can be charged with Driving Under the Influence of Drugs in Virginia (DUI Drugs) if he operates a motor vehicle:

  • under the influence of a drug to a degree that impairs his ability to safely operate a motor vehicle (Va. Code §18.2-266(iii))
  • under the influence of alcohol and any drug or drugs to a degree that impairs his ability to safely operate a motor vehicle (Va. Code §18.2-266(iv)), or
  • with .02 milligrams of Cocaine, .1 milligrams of Meth, .01 milligrams of PCP, or .1 milligrams of MDMA in his system (Va. Code §18.2-266(v))
Which Drugs Are Prohibited?

Illegal controlled substances, prescription drugs, or even over-the-counter medicines can impair a driver’s ability to safely operate a motor vehicle and be the basis of a conviction for Driving Under the Influence of Drugs in Virginia.

Proof of Driving Under the Influence of Drugs in Virginia

To convict an offender of Driving Under the Influence of Drugs in Virginia, the Commonwealth must prove that the driver (1) operated (2) a motor vehicle and (3) was under the influence of drugs at the time of operation.

Operation

In Virginia, “operation” means driving or being in actual physical control of a motor vehicle.  Sitting behind the steering wheel with the key in the ignition is considered operation of a motor vehicle in Virginia.  The Commonwealth can prove that a person operated a motor vehicle with testimony from the police officer or another witness who saw the offender operating the vehicle or any admissions the offender made about operating the vehicle.

Motor Vehicle

Va. Code §46.2-100 defines motor vehicle as a vehicle “that is self-propelled or designed for self-propulsion except as otherwise provided in this title.  Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle.”

Under the Influence of Drugs

To prove that an offender was under the influence of drugs in Virginia, the Commonwealth must prove that there were drugs in the driver’s system and that the drug or drugs impaired his ability to safely operate a motor vehicle.

In cases prosecuted under Va. Code §18.2-266(v), the court presumes that the offender was under the influence of the drug detected in his blood if the following amounts are found:

  • .02 milligrams of cocaine
  • .1 milligrams of meth
  • .01 milligrams of PCP, or
  • .1 milligrams of MDMA

If another drug is found or there is no blood test result, other evidence can be introduced to prove that the offender was under the influence of drugs or a combination of drugs and alcohol.  Other evidence that a person was driving under the influence of drugs in Virginia includes impaired driving behavior, poor performance on field sobriety tests, admissions to drinking and/or taking drugs, and other behaviors indicating impairment such as unsteadiness or swaying, stumbling on the way out of the car, leaning on the car for balance, glassy or blood shot eyes, and slurred speech, among others.

How Does the Commonwealth Prove That There Were Drugs in the Driver’s System?

DUI in VirginiaThe Commonwealth can prove that an offender was driving under the influence of drugs in Virginia with evidence that there was a drug in the driver’s system, his driving ability was impaired, and there was a link between the drug and the offender’s impaired driving ability.

However, it is hard to prove that an offender was driving under the influence of drugs in Virginia without chemical analysis of the driver’s blood.  Most drugs do not have an odor readily apparent to a police officer, like alcohol or marijuana.  Additionally, field sobriety tests are not as indicative of impairment in DUI drug cases as DUI cases involving alcohol.  As a result, blood tests become crucial evidence for the Commonwealth in convicting an offender of Driving Under the Influence of Drugs in Virginia.

Do I have to Take  A Blood Test?

Drivers are required to take a blood test after being arrested for Driving Under the Influence of Drugs in Virginia.  This is called the implied consent law and applies to any Virginia driver arrested within 3 hours of the offense, regardless of whether he has a Virginia driver’s license (Va. Code §18.2-268.2).  Click here for more information on the implied consent law in Virginia.  For more information on when a driver can be required to take a blood test in Virginia, click here.

If a driver unreasonably refuses the blood test, he can be charged with refusal under Va. Code §18.2-268.3.  Refusing a blood or breath test will result in immediate driver’s license suspension for 7 days.  It will be suspended longer if the offender has prior refusal convictions.  This is called an administrative suspension.  Click here for more information on administrative license suspension in Virginia.

If convicted of blood or breath test refusal under Va. Code §18.2-268.3, the driver’s license will be revoked and he cannot obtain a restricted license at all during this period of revocation.  A first offense refusal in Virginia will result in 12 months of driver’s license revocation (Va. Code §18.2-268.3(D)).  A second refusal conviction in 10 years is a Class 2 misdemeanor, punished with 3 years of driver’s license revocation, up to 6 months in jail and a fine up to $1000 (Va. Code §18.2-268.3(D)).  A third refusal conviction in 10 years is a Class 1 misdemeanor, resulting in 3 years of driver’s license revocation, up to 12 months in jail and a fine up to $2500 (Va. Code §18.2-268.3(D)).  These penalties are in addition to, and run consecutive with, any penalties imposed for the related DUI conviction.

Penalties for Driving Under the Influence of Drugs in Virginia

The penalties for Driving Under the Influence of Drugs in Virginia are the same as for Driving Under the Influence of Alcohol (Va. Code §18.2-270).  If an offender is convicted of Driving Under the Influence of Drugs in Virginia, he faces up to 12 months in jail, a fine up to $2500 (with a mandatory minimum of $250 for a first offense), mandatory driver’s license revocation for 12 months, mandatory enrollment in Virginia ASAP, required installation of an Ignition Interlock device, and 6 DMV demerit points will be added to his driving record.

There are enhanced penalties for certain aggravating factors accompanying a DUI arrest.  For example, if the driver was transporting a minor under the age of 17 and is convicted of Driving Under the Influence, he will serve an additional mandatory minimum of 5 days in jail and pay a mandatory minimum fine of $500 (Va. Code §18.2-270(D)).  Additionally, if the driver had prior DUI convictions within the last ten years, he will serve mandatory minimum jail time, pay mandatory minimum fines (Va. Code §18.2-270), and his driver’s license will be revoked for longer periods of time.  A second or subsequent DUI can be charged regardless of whether the offenses are alcohol-related or drug-related DUIs.

The following penalties apply whether the driver is charged with Driving Under the Influence of Alcohol or Driving Under the Influence of Drugs in Virginia:

  • Driving Under the Influence of Drugs in VirginiaFirst offense DUI: Up to 12 months in jail, fine up to $2500, and driver’s license revocation for 1 year.
  • Second DUI in 5 years: Up to 12 months in jail (20 day mandatory minimum), mandatory minimum fine of $500, and driver’s license revocation for 3 years with no restricted driver’s license for at least 1 year.
  • Second DUI in 10 years: Up to 12 months in jail (10 day mandatory minimum), mandatory minimum fine of $500, and driver’s license revocation for 3 years with no restricted license for at least 4 months.
  • Third DUI in 5 years (felony): Up to 5 years in prison (180 day mandatory minimum), mandatory minimum fine of $1000, indefinite driver’s license revocation, and the vehicle may be seized and forfeited.
  • Third DUI in 10 years (felony): Up to 5 years in prison (90 day mandatory minimum), mandatory minimum fine of $1000, indefinite driver’s license revocation, and vehicle seizure and forfeiture.
  • Fourth DUI in 10 years (felony): Up to 5 years in prison (1 year mandatory minimum), mandatory minimum fine of $1000, indefinite driver’s license revocation, and vehicle seizure and forfeiture.

Other Consequences of Convictions for Driving Under the Influence of Drugs in Virginia

There are a number of consequences that can result from a conviction for driving under the influence of drugs in Virginia in addition to the penalties provided in the statutes.  Some of these consequences include insurance premium increases (or complete loss of insurance), required high-risk driver insurance, loss of or inability to obtain a security clearance, job loss or inability to obtain certain kinds of employment, problems for those enlisted in the military, and immigration consequences if the offender is not a U.S. citizen.