DUID Laws in Virginia
Can You Be Charged with DUI in Virginia If You Haven’t Been Drinking?
When most people think of a DUI charge, they think of alcohol. But in Virginia, you can be charged with Driving Under the Influence (DUI) even if you haven’t had a single drink. If you’ve used marijuana, prescription medication, or any other impairing substance, you may still face arrest and prosecution under Virginia’s DUI laws.
Watch Our Video on DUID’s
Virginia’s DUI Law: More Than Just Alcohol
Under Virginia Code § 18.2-266, it is illegal to operate a motor vehicle while:
Under the influence of alcohol,
Under the influence of any narcotic or self-administered drug that impairs your ability to drive safely, or
Under the combined influence of alcohol and drugs,
Or while having certain illegal substances in your bloodstream above specified limits.
That includes both illegal substances and legally prescribed medications that impair your driving ability. Even marijuana, which is still illegal for recreational use in Virginia, can result in a DUI charge if it affects your ability to operate a vehicle safely.
What Is a DUID?
Driving Under the Influence of Drugs (DUID) is a type of DUI charge that applies when a driver is impaired by substances other than alcohol. This could include:
Marijuana
Prescription painkillers
Sleep aids or anti-anxiety medications
Over-the-counter medications that cause drowsiness
Whether the substance is legal or illegal is not the deciding factor; the key question is whether it impaired your ability to drive.
How Police Investigate DUID Cases
Unlike alcohol DUIs, which often rely on a breathalyzer test, DUID investigations involve more subjective observations and different procedures. Law enforcement officers may rely on:
Driving behavior (e.g., swerving, failure to signal)
Physical appearance and behavior (e.g., drowsiness, slurred speech)
Field sobriety test performance
Admissions or statements made by the driver
A blood test, if they have probable cause and obtain a warrant
In some cases, police may call in a Drug Recognition Expert (DRE), a specially trained officer who evaluates whether someone is under the influence of drugs based on physical signs and behaviors. These assessments are often challenged in court because of their subjective nature.
Are DUID Charges Treated the Same as Alcohol DUIs?
Yes. In Virginia, the penalties for a DUID conviction are generally the same as those for an alcohol-related DUI. These may include:
Up to 12 months in jail (for a first offense)
A fine of up to $2,500
Mandatory driver’s license suspension
Enrollment in the Virginia Alcohol Safety Action Program (VASAP)
A permanent criminal record
For repeat offenses or if there are aggravating circumstances (such as an accident or a minor in the vehicle), penalties can be significantly more severe, including felony charges.
Why Legal Substances Still Lead to Criminal Charges
One of the most misunderstood aspects of DUID law in Virginia is that even legally prescribed medications can result in a DUI arrest. For example, if you take a prescription painkiller, anxiety medication, or a sleep aid that affects your judgment, reaction time, or coordination, and then get behind the wheel, you could be charged, even if you followed your doctor’s instructions.
The law focuses on impairment, not legality. If an officer believes you are not in full control of your vehicle due to a substance in your system, you are at risk of arrest.
Should You Agree to Answer Questions or Submit to a Test?
If you are pulled over and the officer suspects you are impaired by something other than alcohol, they may begin asking you questions or request that you perform field sobriety tests. You are not required to answer questions beyond basic identifying information, and you do not have to perform roadside tests.
In cases where drug impairment is suspected, a blood test may be requested. You should never agree to a test or answer further questions without first speaking to an attorney. These situations can escalate quickly, and even a small misstep could lead to a criminal charge. Know Your Rights!
Watch the Video: Can You Be Arrested for DUI Without Drinking?
Attorney Nicole Naum discusses how Virginia’s DUI laws apply to drivers who are impaired by substances other than alcohol. It’s a brief but important look at what you need to know if you or someone you care about is facing this kind of charge.
Watch the video here:
https://youtube.com/shorts/Pkj3y0YDF1g?si=GdNz8nP5Wrxwv0mj
How a DUI Defense Attorney Can Help
DUID cases are complex and often rest on technicalities. The legality of the stop, the admissibility of evidence, and the reliability of drug evaluations can all be challenged. An experienced DUI defense attorney can evaluate the strength of the case against you, identify weaknesses in the prosecution’s evidence, and fight for a reduction or dismissal of charges.
At Battlefield Law Group, our attorneys have deep knowledge of DUI law and defend clients throughout Prince William County, Fairfax, Loudoun, Stafford, Culpeper, Alexandria, and surrounding areas in Northern Virginia. We take the time to understand your situation, explain your options clearly, and build a defense that protects your rights and future.
Contact Us for Legal Help
If you are facing DUI or DUID charges in Virginia, do not wait. The sooner you speak to a qualified defense attorney, the better your chances of achieving a favorable outcome.
Call Battlefield Law Group at (571) 364-0500
Or email info@battlefieldlawgroup.com to schedule a confidential consultation.
