Fighting Drugged Driving

Some Virginia drivers may not realize they can be charged with driving under the influence even if they have had not a drop to drink. In Virginia, the DUI laws make it illegal per se to drive with certain amount of drugs in your body (excluding cannabis). This means that if an officer pulls you over and suspects you are under the influence and orders a blood test, you can be charged with DUID in Virginia if you have an excessive amount of drugs in your system.

Limits of Drugs in the Body

Virginia’s DUI statute explains the prohibited amount of drugs in the body. These are:

  • 0.02 milligrams of cocaine per liter of blood
  • 0.01 milligrams of methamphetamine per liter of blood
  • 0.01 milligrams of phencyclidine per liter of blood
  • 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood

If a blood test shows any of these levels of drugs in a person’s blood, they will face the same DUI penalties as they would with alcohol.

Blood tests, however, can be wrong and can be contaminated through mishandling. A lawyer will make sure that the chain of custody was closely followed and that the blood sample was secured the entire time. If there are problems with this custody or with the testing methods, it is possible to have this evidence excluded and the charges dropped. Do not simply plead guilty without speaking to a lawyer first.