Thursday, April 1, 2010

Presumptions from alcohol or drug content of blood for DUI cases

Section 18.2-269 of the Code of Virginia, as amended, indicates:
"A. In any prosecution for a violation of Section 18.2-36.1 or clause (ii),(iii), or (iv) of Section 18.2-266, or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of Sections 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:
(1) If there was at the time .05 percent or less by weight by
volume of alcohol in the accused'd blood or .05 grams or
less per 210 liters of the accused'd breath, it shall be
presumed that the accused was not under the influence of
alcohol intoxicants at the time of the alleged offense;
(2) If there was at that time in excess of .05 percent but less
than .08 percent by weight by volume of alcohol in the
accused's blood or .05 grams but less than .08 grams per
210 liters of the accused's breath, such facts shall not
give rise to any presumption that the accused was or was
not under the influence of alcohol intoxicants at the time
of the alleged offense, but such facts may be considered
with other competent evidence in determining the guilt
or innocence of the accused;
(3) If there was at that time .08 percent or more by weight by
volume of alcohol in the accused'd blood or .08 grams or
more per 210 liters of the accused's breath, it shall be
presumed that the accused was under the influence of
alcohol intoxicants at the time of the offense; or
(4) If there was at that time an amount 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) .01 milligrams of phencyclidine per liter of blood,
or (d) 0.1 milligrams of
3,4-methylenedioxymethamphetamine per liter of blood, it
shall be presumed that the accused was under the influence
of drugs at the time of the alleged offense to a degree
which impairs his ability to drive or operate any motor
vehicle, engine or train safely.
B. The provisions of this section shall not apply to and shall not affect any
prosecution for a violation of Section 46.2-341.24."

Man pleads guilty in two DUI related deaths

A man pleaded guilty today in the Norfolk Circuit Court to two counts of involuntary manslaughter. The defendant was involved in a two car accident at the intersection of Military Highway and Johnstons Road in the City of Norfolk, Virginia. Additionally, the defendant had a blood alcohol level of .18 percent, which is more than two times the legal limit.
The victims were 20 and 21 years old. Additionally, the victims' vehicle was struck by the defendant after he ran a red light.