Man Gets DWI After Riding Motorized Cooler

[onlydarksets]

Originally Posted by firstdown

THe .08 is the legal limit in VA. I had a friend pulled and he had the field test and then the officer still took him in. He was charged with DUI and then blew a .04 and was then still held in jail. His car was towed and it cost him around $140 to get it back. He went to court (without a lawyer) and the case was thrown out because he was not legaly drunk said the judge. The judge then lectured the cops about waisting court time and money and also reimbursted my friend the $140.

Again, this is just not correct. The statute is clear that you don't have to blow a .08 to get convicted under 18.2-266.

Now, anecdotally, you may find that people are not often convicted under 18.2-266(ii). However, it does not change what the law actually is.