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Virginia Code § 18.2-266

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

Virginia DUI statute · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Virginia's DUI offense: driving with a BAC of 0.08 or more, under the influence of alcohol or drugs, or with listed drug levels.

Plain-language summary

This is Virginia's core driving-while-intoxicated offense. It is unlawful to drive or operate any motor vehicle, engine or train (i) with 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 shown by a chemical test administered under this article; (ii) while under the influence of alcohol; (iii) while under the influence of any narcotic drug or any other self-administered intoxicant or drug to a degree that impairs the ability to drive or operate safely; (iv) while under the combined influence of alcohol and any drug to that degree; or (v) with a blood concentration at or above 0.02 milligrams of cocaine, 0.1 milligrams of methamphetamine, 0.01 milligrams of phencyclidine, or 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section supports a conviction under any of the five clauses. For this article, "motor vehicle" includes mopeds while operated on the public highways of Virginia. Penalties are set separately in § 18.2-270.

Official text (excerpt)

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. 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.

Source: Virginia Legislative Information System, accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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