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Virginia Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Shiflett v. Commonwealth - 12/13/2005
Michael Paul Shiflett appeals his misdemeanor conviction, on a conditional guilty plea, for driving after having been adjudicated an habitual offender in violation of Code § 46.2-357. Shiflett contends the trial court erred in...

Farrakhan v. Commonwealth - 11/29/2005
Present: Chief Judge Fitzpatrick, Judges Benton and Bumgardner Argued at Richmond, Virginia MEMORANDUM OPINION Shaka Farrakhan (appellant) appeals his conviction in a bench trial of possession of a concealed weapon...

Auer v. Commonwealth - 10/25/2005
Bryan David Auer was convicted by a jury of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1, and driving under the influence of alcohol (DUI), in violation of Code § 18.2-266. On appeal, Auer contends the trial...

Germani v. Commonwealth - 10/11/2005
Stephen Arthur Germani appeals his conviction of possession of marijuana in a correctional facility, Code § 53.1-203. He contends the evidence is insufficient to prove he knowingly and intentionally possessed marijuana in a...

Easton v. Commonwealth - 6/28/2005
Laura Anne Easton appeals her conviction of driving under the influence, first offense, Code § 18.2-266, and the enhanced punishment imposed under Code §§ 18.2-270(A) and 18.2-270(D). She maintains the blood alcohol certificate was...

Dixon v. Commonwealth - 6/9/2005
In these appeals, we consider the denial of a defendant's motion to suppress certain statements he made to the police before being advised of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). The central issue we resolve is...

Pancione v. Commonwealth - 5/31/2005
I. The trial court found Gary Lee Pancione (appellant) guilty of driving while under the influence of alcohol (DUI), a second offense within the previous five to ten years. See Code §§ 18.2-266 and 18.2-270. On appeal,...

Rhodes v. Commonwealth - 5/24/2005
Mark Andrew Rhodes (appellant) appeals from an order of the trial court revoking the suspension of his previously suspended sentences and resuspending seven of the nine unserved years of those sentences. He contends the trial court...

Pickard v. Commonwealth - 5/17/2005
A jury convicted Donald V. Pickard of driving after being declared an habitual offender, Code § 46.2-357(B)(3), and driving while intoxicated, second offense within ten years, Code § 18.2-266. He contends the evidence was...

Morris v. Commonwealth - 5/10/2005
Samantha Lynn Morris (appellant) appeals from her bench trial convictions for two counts of felonious child neglect in violation of Code § 18.2-371.1(B). On appeal, she contends the evidence was insufficient to support the...

Bristol v. Commonwealth - 5/3/2005
Argued at Chesapeake, Virginia OPINION The trial judge convicted Joshua Bristol of driving under the influence of alcohol in violation of Code § 18.2-266 and of maiming another person while driving under the influence of...

Conkling v. Commonwealth - 5/3/2005
Argued at Chesapeake, Virginia OPINION Bryan Christopher Conkling (appellant) was found guilty of petit larceny, third or subsequent offense pursuant to Code §§ 18.2-96, 18.2-104, and 18.2-10. The sole issue on appeal is...

Frey v. Commonwealth - 4/19/2005
Argued at Richmond, Virginia MEMORANDUM OPINION April Lynn Frey (appellant) appeals from her conviction for felony child neglect. On appeal, she contends the evidence was insufficient to prove she acted with the...

Tyler v. Commonwealth - 3/22/2005
Antonio E. Tyler appeals his conviction of possession of marijuana. He contends the trial court erred in admitting a certificate of analysis because the Commonwealth did not prove the chain of evidence. Finding no error, we affirm. ...

Johnson v. Commonwealth - 3/15/2005
Teresa Laverne Johnson, appellant, was convicted in a bench trial of driving as a habitual offender, second or subsequent offense, in violation of Code § 46.2-357(B)(3), and driving while under the influence of alcohol in violation...

Wilson v. Commonwealth - 3/1/2005
Edward Thomas Wilson (appellant) appeals from his bench trial conviction for driving under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends the trial court's denial of his motion to suppress was error....

Shelton v. Commonwealth - 2/22/2005
Frank Glading Shelton appeals a conviction for operating a motor vehicle upon a public highway while under the influence of alcohol or drugs (DUI), in violation of Code § 18.2-266. He contends that the trial court erred in admitting...

Moore v. Commonwealth - 2/22/2005
David Lee Moore (appellant) appeals his conviction under Code § 18.2-248 for possession of cocaine with intent to distribute. Appellant argues on appeal that his conviction should be reversed because the trial court erred in denying...

Brooks v. Commonwealth - 2/15/2005
Ronnie Odell Brooks, appellant, was convicted in a bench trial of driving while under the influence of alcohol, third offense within ten years, in violation of Code § 18.2-266. On appeal, he contends that the trial court erred in...

Whitt v. Commonwealth - 2/1/2005
David Herman Whitt appeals the revocation of a suspended jail sentence that he received for a conviction of driving under the influence, second offense. He contends the trial court lacked jurisdiction because it revoked his probation...

Henry v. Commonwealth - 1/11/2005
William Bascom Henry (appellant) was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266. The sole issue on appeal is whether the trial court erred in admitting the breath analysis...

Wade v. Commonwealth - 12/14/2004
Lindsay Elizabeth Wade was convicted in a bench trial of driving under the influence of alcohol (DUI), in violation of Code § 18.2-266. On appeal, Wade contends the trial court erred (1) in admitting an unauthenticated photocopy of...

Varner v. Commonwealth - 12/14/2004
In a bench trial, Patrick Ronald Varner (appellant) was convicted of driving while under the influence of alcohol (DUI). On appeal of his conviction, appellant contends the trial court erred in admitting the results of his blood test...

Cherry v. Commonwealth - 11/23/2004
Carlton Harden Cherry (appellant) appeals from his bench trial conviction for possession of cocaine. On appeal, he contends the trial court erroneously admitted into evidence the cocaine providing the basis for his arrest and...

Cherry v. Com. - 11/23/2004
On March 19, 2003, while on routine patrol, Officer P. Lipscomb passed the house at 706 Confederate Avenue. Officer Lipscomb knew appellant resided there, but no evidence established who actually owned the residence. Officer Lipscomb had...

Acheson v. Com. - 11/16/2004
A jury convicted Jodie Michelle Acheson of driving under the influence, third offense, Code § 18.2-266, and driving on a suspended license, Code § 46.2-301. She contends the trial court erred in admitting the certificate of analysis from...

Navarette-Ramos v. Com. - 11/16/2004
The trial judge convicted Jose Alberto Navarette-Ramos of the felony of recruiting a juvenile to participate in or become a member of a criminal street gang in violation of Code § 18.2-46.3. Navarette-Ramos contends the evidence was...

Acheson v. Commonwealth - 11/16/2004
A jury convicted Jodie Michelle Acheson of driving under the influence, third offense, Code § 18.2-266, and driving on a suspended license, Code § 46.2-301. She contends the trial court erred in admitting the certificate of analysis...

Navarette-Ramos v. Commonwealth - 11/16/2004
The trial judge convicted Jose Alberto Navarette-Ramos of the felony of recruiting a juvenile to participate in or become a member of a criminal street gang in violation of Code § 18.2-46.3. Navarette-Ramos contends the evidence was...

Smith v. Commonwealth - 11/2/2004
In a bench trial, Eric Maurice Smith (appellant) was convicted of driving on a revoked operator's license pursuant to Code § 46.2-391. Appellant contends that the evidence was insufficient to prove that his operator's license was...

Corbin v. Commonwealth - 11/2/2004
Charles McArthur Corbin, appellant, was convicted in a bench trial of driving under the influence, second or subsequent offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in (1) finding the...

Corbin v. Com. - 11/2/2004
Charles McArthur Corbin, appellant, was convicted in a bench trial of driving under the influence, second or subsequent offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in (1) finding the evidence...

Smith v. Com. - 11/2/2004
In a bench trial, Eric Maurice Smith (appellant) was convicted of driving on a revoked operator's license pursuant to Code § 46.2-391. Appellant contends that the evidence was insufficient to prove that his operator's license was revoked...

Jackson v. Com. - 11/2/2004
On November 22, 1994, pursuant to Code § 4.1-333, a circuit court declared Jackson an habitual drunk and entered an order of interdiction. On May 30, 2003, the police found Jackson outside a restaurant, intoxicated and in possession of a...

McGuire v. Frederick County Dept. Of Social Services - 10/26/2004
Connie McGuire (appellant) appeals from a decision of the Frederick County Circuit Court terminating her residual parental rights to her two minor children. On appeal, appellant contends the trial court erred in finding the evidence was...

McGuire v. Frederick County Dep't of Social Services - 10/26/2004
Connie McGuire (appellant) appeals from a decision of the Frederick County Circuit Court terminating her residual parental rights to her two minor children. On appeal, appellant contends the trial court erred in finding the evidence...

Stevens v. Commonwealth - 10/19/2004
David Alan Stevens appeals his conviction for aggravated involuntary manslaughter in violation of Code § 18.2-36.1. He contends that the trial court erred by: (1) failing to foreclose prosecution of the aggravated involuntary...

Stevens v. Com. - 10/19/2004
David Alan Stevens appeals his conviction for aggravated involuntary manslaughter in violation of Code § 18.2-36.1. He contends that the trial court erred by: (1) failing to foreclose prosecution of the aggravated involuntary manslaughter...

Tate v. Commonwealth - 10/12/2004
Appealing his conviction for driving after having been determined an habitual offender, see Code § 46.2-357, Sammy Tate contends he was denied his statutory right to a speedy trial. We hold that the record does not establish a...

Harris v. Campbell County Dep't of Social Services - 10/5/2004
Christopher Shawn Harris, father, appeals the trial court's decision terminating his parental rights to his two minor children. Father contends the evidence was insufficient to support the termination of his parental rights pursuant...

Harris v. Campbell County Dept. of Social Services - 10/5/2004
Christopher Shawn Harris, father, appeals the trial court's decision terminating his parental rights to his two minor children. Father contends the evidence was insufficient to support the termination of his parental rights pursuant to...

Neatrour v. Com. - 9/28/2004
Timothy Jay Neatrour was convicted on his conditional guilty plea of driving under the influence, third or subsequent offense within ten years, under Code § 18.2-266. On appeal, Neatrour contends the trial court erred in finding at the...

Neatrour v. Commonwealth - 9/28/2004
Timothy Jay Neatrour was convicted on his conditional guilty plea of driving under the influence, third or subsequent offense within ten years, under Code § 18.2-266. On appeal, Neatrour contends the trial court erred in finding at...

Cutright v. Commonwealth - 8/17/2004
The trial court convicted Richard A. Cutright of driving while intoxicated in violation of Code § 18.2-266. Because the Commonwealth gave him only one laboratory to choose from to perform an independent blood analysis, Cutright...

Cutright v. Com. - 8/17/2004
The trial court convicted Richard A. Cutright of driving while intoxicated in violation of Code § 18.2-266. Because the Commonwealth gave him only one laboratory to choose from to perform an independent blood analysis, Cutright argues that...

Wing v. Com. - 8/3/2004
William L. Wing was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends that the trial court erred in admitting the certificate of blood alcohol analysis from his...

Wing v. Commonwealth - 8/3/2004
William L. Wing was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends that the trial court erred in admitting the certificate of blood alcohol analysis from...

Brown v. Commonwealth - 7/27/2004
Michael John Brown appeals his convictions, after a bench trial, for driving under the influence (in violation of Code § 18.2-266) and reckless driving (in violation of Code § 46.2-862). Brown argues the trial court erred "in not...

Brown v. Com. - 7/27/2004
Michael John Brown appeals his convictions, after a bench trial, for driving under the influence (in violation of Code § 18.2-266) and reckless driving (in violation of Code § 46.2-862). [FN1] Brown argues the trial court erred "in not...

Com. v. Pearson - 6/25/2004
The facts of this case are not in dispute. Early in the morning of July 6, 2003, Jed Williams Pearson ("Defendant") was stopped on Ivy Road by a roadblock conducted by the Albemarle County Police. The roadblock was a sobriety checkpoint...

West v. Com. - 6/15/2004
James Darrell West (appellant) was convicted in a bench trial of one count of aggravated involuntary manslaughter, in violation of Code § 18.2- 36.1, one count of involuntary manslaughter, in violation of Code § 18.2-36, and one count of...

West v. Commonwealth - 6/15/2004
James Darrell West (appellant) was convicted in a bench trial of one count of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1, one count of involuntary manslaughter, in violation of Code § 18.2-36, and one count...

Barrett v. Commonwealth - 6/10/2004
In a jury trial held in the Circuit Court of York County, Amy Jean Barrett (Barrett) was convicted pursuant to Code § 18.2-371.1(A) of a Class 4 felony for the criminal neglect of her ten-month-old son, Joshua, resulting in his death....

Pearson v. Commonwealth - 6/8/2004
Donald E. Pearson was convicted in a bench trial of driving under the influence of alcohol, second offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in admitting a certificate of blood analysis...

Pearson v. Com. - 6/8/2004
Donald E. Pearson was convicted in a bench trial of driving under the influence of alcohol, second offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in admitting a certificate of blood analysis because,...

Sawyer v. Com. - 5/18/2004
Jennifer Sawyer (appellant) appeals from her bench trial conviction for driving under the influence, third or subsequent offense, a felony in violation of Code §§ 18.2-266 and 18.2-270. [FN1] On appeal, she contends the trial court...

Sawyer v. Commonwealth - 5/18/2004
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY Jennifer Sawyer (appellant) appeals from her bench trial conviction for driving under the influence, third or subsequent offense, a felony in violation of Code §§ 18.2-266 and...

Cherry v. Commonwealth - 4/27/2004
Johnny Earl Cherry (appellant) pled guilty to driving under the influence (third or subsequent offense) in violation of Code § 18.2-266 and driving while an habitual offender in violation of Code § 46.2-357. On appeal, he contends...

Gregory v. Commonwealth - 4/13/2004
At trial, Jamie Shannon Gregory entered a conditional guilty plea to a charge of felony DUI under Code §§ 18.2-266 and 18.2-270(C) (third offense within ten years). The conditional plea preserved appellate review of the trial court's...

Wolfe v. Commonwealth - 4/13/2004
Argued at Chesapeake, Virginia Patrick Thomas Wolfe appeals his conviction for felony child abuse and neglect. Wolfe was arrested on November 22, 2002, for driving his vehicle erratically. Wolfe's four-year-old son was a...

Razzaq v. Commonwealth - 3/23/2004
Argued at Chesapeake, Virginia MEMORANDUM OPINION Faruz Razzaq (appellant) was convicted in a bench trial of unlawful concealment, third offense, in violation of Code §§ 18.2-103 and 18.2-104. On appeal, he contends the...

Vester v. Commonwealth - 3/9/2004
John Bernice Vester appeals his conviction for one count of operating a motor vehicle while under the influence, third or subsequent offense within ten years, in violation of Code §§ 18.2-266 and 18.2-270. Vester argues the trial...

Morris v. Commonwealth - 3/2/2004
Leroy C. Morris appeals his convictions of felony hit and run, driving in violation of a license restriction, and driving under the influence of alcohol, second offense. Morris contends that the convictions should be reversed because...

Copeland v. Commonwealth - 2/10/2004
Andre Copeland was convicted after a bench trial of possession of cocaine with the intent to distribute and possession of cocaine with the intent to distribute on school property in violation of Code §§ 18.2-248 and 18.2-255.2,...

Commonwealth v. Fraierson - 12/16/2003
Rashad J. Fraierson and Wendell V. McNeal (defendants) stand indicted for possession of cocaine with intent to distribute and simultaneous possession of a firearm and a controlled substance. Fraierson also is charged with possession...

Edwards v. Commonwealth - 12/9/2003
UPON A REHEARING EN BANC Lolita Edwards (appellant) was indicted for attempted capital murder of a law enforcement officer, in violation of Code §§ 18.2-25 and 18.2-31, eluding the police, in violation of Code § 46.2-817(B),...

Conrad v. Commonwealth - 11/25/2003
The trial court found Lynn Spencer Conrad (appellant) guilty of driving under the influence of alcohol in violation of Code § 18.2-266, and sentenced her to 30 days in jail suspended for 12 months, and fined her $850. On appeal she...

Williams v. Commonwealth - 11/18/2003
John Edward Williams (appellant) was convicted in a bench trial of driving while intoxicated in violation of Code § 18.2-266. On appeal, appellant contends that the trial court erred in denying his motion to suppress and admitting...

Everett v. Commonwealth - 11/12/2003
Argued at Alexandria, Virginia MEMORANDUM OPINION Young Uk Everett appeals from the trial court's order of October 11, 2001, granting the Commonwealth's motion to nolle prosequi the misdemeanor charge of reckless driving...

Corey v. Commonwealth - 11/12/2003
Bruce Oliver Corey was convicted on his conditional plea of guilty of driving while intoxicated, in violation of Code § 18.2-266. Finding Corey's earlier federal conviction for driving while intoxicated was a proper predicate offense...

Norman v. Commonwealth - 11/4/2003
UPON A REHEARING EN BANC George Halcott Norman, III, was convicted in a bench trial of driving as an habitual offender, second or subsequent offense, in violation of Code § 46.2-357. On appeal, he contends the trial court erred...

Kenyon v. State - 10/28/2003
The trial judge convicted Betty Kenyon of felony child abuse and neglect in violation of Code § 18.2-371.1(B). Kenyon contends the evidence was insufficient to sustain her conviction. We affirm the conviction. I. At eight...

Poindexter v. Commonwealth - 10/7/2003
Roger Dean Poindexter appeals his conviction for the possession of methamphetamine with intent to distribute, in violation of Code § 18.2-248. He contends on appeal that the trial court erred in denying his motion to suppress his...

Banks v. Commonwealth - 9/30/2003
Damon Lynn Banks was convicted in a jury trial of involuntary manslaughter, in violation of Code § 18.2-36. On appeal, he contends the trial court erred in finding the evidence sufficient to sustain his conviction. We disagree and...

Ingram v. Commonwealth - 9/16/2003
A police officer arrested Robert Elvin Ingram for driving while intoxicated in violation of Code § 18.2-266. The sole issue on appeal is whether the officer violated Code § 18.2-268.6 when he did not allow Ingram to keep the form,...

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