Virginia Code

Va. Code Ann. § 19.2-294.1 (2026)

Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge

✓ current as of May 2026

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Whenever any person is charged with a violation of § 18.2-266 or any similar ordinances of any county, city, or town and with reckless driving in violation of § 46.2-852 or any ordinance of any county, city or town incorporating § 46.2-852, growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.

Code 1950, § 19.1-259.1; 1960, c. 493; 1975, c. 495; 1997, c. 691; 2004, c. 937.

Notes of Decisions

Cited in 31 cases (1 in the last 5 years), 1979–2021 · leading case: Lash v. Cnty. of Henrico, 421 S.E.2d 851 (Va. Ct. App. 1992).

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Lash v. Cnty. of Henrico, 421 S.E.2d 851 (Va. Ct. App. 1992). · cites it 36× “Code § 19.2-294.1 [3] and Code § 19.2-294 are different.”

Lash v. Cnty. of Henrico, 410 S.E.2d 689 (Va. Ct. App. 1991). · cites it 34× “Lash contends that this Code section is applicable both to multiple convictions obtained in a single trial and to multiple convictions obtained in consecutive trials.”

Padgett v. Commonwealth, 263 S.E.2d 388 (Va. 1980). · cites it 14× “Code § 19.2-294.1 is the focal point of the controversy in this case.”

Fitzgerald v. Commonwealth, 401 S.E.2d 208 (Va. Ct. App. 1991). · cites it 11× “2d 388 (1980), the Supreme Court interpreted Code § 19.2-294.1, a statute similar to Code § 19.”

Shaw v. Commonwealth, 387 S.E.2d 792 (Va. Ct. App. 1990). · cites it 8× “Code § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated “growing out of the same act or acts” and is convicted of one of the offenses, the trial court shall dismiss the remaining charge.”

Hildebrand v. Kugler (In Re Kugler), 170 B.R. 291 (Bankr. E.D. Va. 1994). · cites it 16× “Kugler’s next argument involves Va. Code § 19.2-294.1 (Michie 1990), which provides that “[w]henever any person is charged with a violation of § 18.”

Commonwealth v. Gregg, 811 S.E.2d 254 (Va. 2018). · cites it 2× “2-852 ... growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.”

Dennis Vernon White v. Commonwealth of Virginia, 494 S.E.2d 896 (Va. Ct. App. 1998). · cites it 18× “Code § 19.2-294.1 provides that “[w]henever any person is charged with [driving under the influence of alcohol] .”

United States v. Lambert, 594 F. Supp. 2d 676 (W.D. Va. 2009). · cites it 15× “Va.Code Ann. § 19.2-294.1 (2008). The text of this statute is as follows: Whenever any person is charged with a violation of § 18.”

United States v. Farmer, 820 F. Supp. 259 (W.D. Va. 1993). · cites it 5× “§ 19.2-294.1 (1992). Appellant’s reliance on Virginia law is misplaced, however, because she was convicted under federal regulations.”

Harris v. City of Virginia Beach, 450 S.E.2d 401 (Va. Ct. App. 1994). · cites it 7× “The following day, he was convicted in the same court on the DUI warrant.”

Barry Eugene Lawson v. Commonwealth of Virginia, 734 S.E.2d 714 (Va. Ct. App. 2012). · cites it 14× “He asserts that prosecution was barred by Code § 19.2-294.1 as a result of his prior conviction of reckless driving arising out of the same course of driving.”

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