Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety » Article 2. Driving Motor Vehicle, Etc., While Intoxicated
Virginia Code

Va. Code Ann. § 18.2-266 (2026)

Driving motor vehicle, engine, etc., while intoxicated, etc

✓ current as of May 2026
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It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

Code 1950, § 18.1-54; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 637; 1984, c. 666; 1986, c. 635; 1987, c. 661; 1992, c. 830; 1994, cc. 359, 363; 1996, c. 439; 2005, cc. 616, 845.

Notes of Decisions
Cited in 708 cases (84 in the last 5 years), 1979–2026 · leading case: Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005).
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Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005). · cites it 101× “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
Davis v. Commonwealth, 381 S.E.2d 11 (Va. Ct. App. 1989). · cites it 138× “To determine whether the trial court correctly construed the statute so as to limit the issues at trial, we must analyze the statutory scheme embodied in Code § 18.2-266 and related Code sections.”
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004). · cites it 130× “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). · cites it 30× “2-36, and one count of driving under the influence, in violation of Code § 18.2-266. On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Raymond Charles Case v. Commonwealth of Virginia, 753 S.E.2d 860 (Va. Ct. App. 2014). · cites it 42× “Raymond Charles Case (appellant) appeals his conviction of driving while intoxicated in violation of Code § 18.2-266. On appeal, appellant alleges that the trial court (i) “erred in ruling that the Commonwealth proved each and every element of the offense charged beyond a…”
McBride v. Commonwealth, 480 S.E.2d 126 (Va. Ct. App. 1997). · cites it 41× “Code §§ 18.2-266, 18.2-270. He contends that he cannot be subjected to the enhanced penalty of Code § 18.”
Davis v. Commonwealth, 703 S.E.2d 259 (Va. Ct. App. 2011). · cites it 39× “Appellant did not perform satisfactorily. At the sheriff's office, a breath test revealed appellant's blood alcohol level to be .”
Freddie Beckham, III v. Commonwealth of Virginia, 799 S.E.2d 689 (Va. Ct. App. 2017). · cites it 35× “HUFF Freddie Beckham, III (“appellant”) was convicted in the Circuit Court of Spotsylvania County (“trial court”) of driving under the influence (“DUI”) and refusal to submit to a breathalyzer, in violation of Code §§ 18.2-266 and 18.2-268.3 respectively.”
Yap v. Commonwealth, 643 S.E.2d 523 (Va. Ct. App. 2007). · cites it 39× “Edward Yap, appellant, was convicted, in a bench trial, of driving under the influence, in violation of Code § 18.2-266. 1 On appeal, he contends: (1) the trial court erred in denying his motion to dismiss his indictment because the district court did not have good cause to…”
Oliver v. Commonwealth, 577 S.E.2d 514 (Va. Ct. App. 2003). · cites it 48× “Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.”
Luginbyhl v. Commonwealth, 628 S.E.2d 74 (Va. Ct. App. 2006). · cites it 16× “The trial court convicted appellant of *76 drunk driving in violation of Code § 18.2-266. The question presented by appellant to the panel read as follows: Is the certificate of breath analysis produced specifically for use at trial to prove the guilt of the accused testimonial…”
Nelson v. Com., 707 S.E.2d 815 (Va. 2011). · cites it 24× “In this appeal involving a charge of driving while intoxicated, fourth offense within ten years (Code §§ 18.2-266; 18.2-270(C)(2)), [1] we decide whether the defendant, David L.”
Show all 708 citing cases →
— Va. Code Ann. § 18.2-266(1) — 1 case
Doe v. Commonwealth, 85 Va. Cir. 419 (Richmond County Cir. Ct. 2012).
— Va. Code Ann. § 18.2-266(DUI) — 2 cases
Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005). “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004). “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
— Va. Code Ann. § 18.2-266(H) — 1 case
Hoggard v. Reitano, 54 Va. Cir. 513 (Portsmouth Cir. Ct. 2001).
— Va. Code Ann. § 18.2-266(I) — 1 case
Levi Milton Walker, s/k/av Chesterfield Co (Va. Ct. App. 2000).
— Va. Code Ann. § 18.2-266(h) — 1 case
Dalo v. Commonwealth, 554 S.E.2d 705 (Va. Ct. App. 2001).
— Va. Code Ann. § 18.2-266(i) — 66 cases
Davis v. Commonwealth, 381 S.E.2d 11 (Va. Ct. App. 1989). “To determine whether the trial court correctly construed the statute so as to limit the issues at trial, we must analyze the statutory scheme embodied in Code § 18.2-266 and related Code sections.”
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “2-36, and one count of driving under the influence, in violation of Code § 18.2-266. On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Woods v. Mendez, 574 S.E.2d 263 (Va. 2003).
Davis v. Commonwealth, 703 S.E.2d 259 (Va. Ct. App. 2011). “Appellant did not perform satisfactorily. At the sheriff's office, a breath test revealed appellant's blood alcohol level to be .”
Oliver v. Commonwealth, 577 S.E.2d 514 (Va. Ct. App. 2003). “Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.”
— Va. Code Ann. § 18.2-266(ii) — 62 cases
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). “2-36, and one count of driving under the influence, in violation of Code § 18.2-266. On appeal, he contends the trial court violated his Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter.”
Stevens v. Commonwealth, 616 S.E.2d 754 (Va. Ct. App. 2005). “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
Davis v. Commonwealth, 381 S.E.2d 11 (Va. Ct. App. 1989). “To determine whether the trial court correctly construed the statute so as to limit the issues at trial, we must analyze the statutory scheme embodied in Code § 18.2-266 and related Code sections.”
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004). “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
Dalo v. Commonwealth, 554 S.E.2d 705 (Va. Ct. App. 2001).
— Va. Code Ann. § 18.2-266(ii)(iii) — 1 case
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004). “On July 1, 2002, the Commonwealth charged appellant with driving under the influence, pursuant to Code § 18.2-266, and aggravated involuntary manslaughter, pursuant to Code § 18.”
— Va. Code Ann. § 18.2-266(iii) — 14 cases
Jackson v. Com., 652 S.E.2d 111 (Va. 2007).
Oliver v. Commonwealth, 577 S.E.2d 514 (Va. Ct. App. 2003). “Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.”
Jacob Lynn Patterson v. Commonwealth of Virginia, 749 S.E.2d 538 (Va. Ct. App. 2013).
Ratliff v. Commonwealth, 672 S.E.2d 913 (Va. Ct. App. 2009).
David Keenan Brown v. Commonwealth of Virginia (Va. Ct. App. 2022).
— Va. Code Ann. § 18.2-266(iv) — 4 cases
Jacob Lynn Patterson v. Commonwealth of Virginia, 749 S.E.2d 538 (Va. Ct. App. 2013).
Eric Dominique Taylor Lynch v. Commonwealth of Virginia (Va. Ct. App. 2022).
Amanda Michelle Terry v. Commonwealth of Virginia (Va. Ct. App. 2024).
Breon Latham v. Commonwealth of Virginia (Va. Ct. App. 2024).
— Va. Code Ann. § 18.2-266(v) — 3 cases
Jacob Lynn Patterson v. Commonwealth of Virginia, 749 S.E.2d 538 (Va. Ct. App. 2013).
David Keenan Brown v. Commonwealth of Virginia (Va. Ct. App. 2022).
Robertshaw v. Commonwealth, 86 Va. Cir. 426 (Fairfax Cir. Ct. 2013).
— Va. Code Ann. § 18.2-266(v)(b) — 1 case
Aaron Michael Jackson v. Commonwealth of Virginia (Va. Ct. App. 2023).
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