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Driving under the influence or driving while intoxicated is a highly recurring offense faced by many drivers in Virginia. It is a serious crime and can lead to severe punishment and penalties in the state. In Virginia, driving under the influence and drunk driving are considered interchangeable in terms of the penalties associated with them, however, the terms themselves have a slight difference in meaning and interpretation. Despite the fact that many states differentiate between those two terms, Virginia governs both terms under one statute.
However, in Virginia and under Virginia law, the terms have the following meaning and definition.
Driving under the influence refers to driving while intoxicated; drive drunk. In Virginia, a driver can be charged with such an offense regardless of their blood alcohol content. Drivers are charged with such an offense if the alcohol they consumed caused them to be unable to drive properly and in accordance with Virginia law.


On the other hand, driving while intoxicated differs slightly in terms of meaning from driving under the influence. Driving while intoxicated is an offense charged to the driver if his/her blood alcohol content is above 0.08%, regardless of whether he/she is able to drive properly. So the difference is that driving under the influence is a charge that drivers face if they are unable to drive due to alcohol consumption, without specifically stating what their blood alcohol content is while driving, and intoxicated is a charge that drivers face if they are unable to drive because their blood alcohol content is greater than 0.08%.
However, both terms, as mentioned above, are interchangeable in terms of the penalties associated with them. Driving while intoxicated and driving under the influence of drivers is subject to the following penalties under Virginia law:
A person, whether driving under the influence or intoxicated, may be subject to jail time 12 months maximum, with a minimum mandatory sentence of five days if your blood alcohol content is at least 0.15% and ten days if your blood alcohol content was 0.20% or more;
Both situations, driving under the influence or driving while intoxicated, can be subject to a fee in the range between $250 and $2,500; me
Both situations, driving under the influence or driving while intoxicated drivers can have their licenses suspended for a maximum period of one year maximum.
As a result, due to drunk driving and driving under the influence being interchangeable terms, it is recommended that a driver accused of either of these offenses contact and even retain an attorney with plenty of experience in the field. It is never recommended that the driver represent himself in court pleading his case or even investigate the difference between those two terms. Many out-of-state drivers are not familiar with Virginia laws and statutes regarding driving while intoxicated and/or driving under the influence.
If you need a Virginia DUI attorney to help you with your Virginia DUI case, call us at 888-437-7747. Our Virginia DUI attorneys can help. C