A. It shall be unlawful for any person to drive or operate any commercial motor vehicle (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams 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 commercial motor vehicle 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 commercial motor vehicle 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.
B. It shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.
1989, c. 705, § 46.1-372.23; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.
Notes of Decisions
Cuffee-Smith v. Commonwealth, 574 S.E.2d 294 (Va. Ct. App. 2002).
· cites it 2× “2-266 or § 46.2-341.24, irrespective of whether the driving of itself endangers the life, limb or property of another and the person has been previously convicted of a violation of §§ 18.”
Lockett v. Commonwealth, 438 S.E.2d 497 (Va. Ct. App. 1993).
· cites it 3× “Compare Code §§ 46.2-341.24 to 46.2-341.31 with Code § 18.”
Flaherty v. Commonwealth, 415 S.E.2d 867 (Va. Ct. App. 1992).
· cites it 2× “2-266 or subsection A of § 46.2-341.24. Appellant’s position with regard to her 1985 conviction is that Code § 46.”
Salama v. Commonwealth, 45 Va. Cir. 446 (Fairfax Cir. Ct. 1998).
· cites it 3× “2-266 or Va. Code § 46.2-341.24(A), the habitual offender may also petition the court for a restricted driver’s license after the expiration of three years from the date of adjudication.”
Munir Ma'Moun Hussein v. Commonwealth of Virginia, No. 0779222 (Va. Ct. App. Aug. 1, 2023).
· cites it 8× “The jury could reasonably reject Hussein’s hypothesis of innocence and convict him of driving under the influence under subsection (A)(iii) of Code § 46.2-341.24, rather than subsection (A)(v)(b).”
Bednar v. Commonwealth, 60 Va. Cir. 255 (Va. Cir. Ct. 2002).
“2-391 (A)(i), applicable to violations of §§46.2-341.24 and 18.2-266, and thus not applicable in this case.”
Commonwealth v. Padilla, 69 Va. Cir. 409 (Fairfax Cir. Ct. 2006).
“The provisions of this section shall not apply to and shall not affect any prosecution for a violation of §46.2-341.24. *411 Virginia Code § 18.2-269 (2005).”
Kathy Lorraine Staiger v. Commonwealth of Virginia, No. 0652152 (Va. Ct. App. Jan. 10, 2017).
“1-54 (formerly [Code] § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of [Code] § 18.”
Venessa M. Monger v. Commonwealth of Virginia, No. 1926002 (Va. Ct. App. Nov. 20, 2001).
“2-266 or subsection A of § 46.2-341.24; c. Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked in violation of §§ 18.”
Commonwealth v. Breeden, 57 Va. Cir. 171 (Va. Cir. Ct. 2001).
“2-269, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.”
Va. Code Ann. § 46.2-341.24(A): 2 cases
Salama v. Commonwealth, 45 Va. Cir. 446 (Fairfax Cir. Ct. 1998).
“2-266 or Va. Code § 46.2-341.24(A), the habitual offender may also petition the court for a restricted driver’s license after the expiration of three years from the date of adjudication.”
Va. Code Ann. § 46.2-341.24(A)(iii): 1 case
Munir Ma'Moun Hussein v. Commonwealth of Virginia, No. 0779222 (Va. Ct. App. Aug. 1, 2023).
“The jury could reasonably reject Hussein’s hypothesis of innocence and convict him of driving under the influence under subsection (A)(iii) of Code § 46.2-341.24, rather than subsection (A)(v)(b).”
Va. Code Ann. § 46.2-341.24(A)(v)(b): 1 case
Munir Ma'Moun Hussein v. Commonwealth of Virginia, No. 0779222 (Va. Ct. App. Aug. 1, 2023).
“The jury could reasonably reject Hussein’s hypothesis of innocence and convict him of driving under the influence under subsection (A)(iii) of Code § 46.2-341.24, rather than subsection (A)(v)(b).”
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