What must the Commonwealth prove for conviction of DUI/DWI?
DUI charges and DWI charges are brought pursuant to Va. Code 18.2-266. DUIs are classified as a Class 1 misdemeanor crime. The Commonwealth bears the burden to prove that the defendant (1) operated a vehicle while the defendant’s blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while impaired by alcohol or drugs.
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