The legal blood alcohol concentration (BAC) limit in Virginia is .08 % which means that it is illegal to drive with a BAC of .08% or greater. If you submitted to a chemical test and the results came in at .08% or greater then you will most likely be convicted of violating the Virginia per se law. The test results are the only evidence the prosecution needs to prove guilt on this count.
What is not commonly realized though is that you can get a Virginia DUI even if you are not over the legal blood alcohol limit. If the officer determines that the amount of alcohol you consumed was enough to impair your ability to safely operate a motor vehicle he or she can still cite you for driving under the influence (DUI), no matter what your BAC was.
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation