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2009 SESSION

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SB 1424 DUI; definition of substantially similar laws for determining number of prior offenses.

Introduced by: Stephen H. Martin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

DUI; prior offenses. Provides a definition of "substantially similar" for the purpose of determining when an out-of-state DUI conviction can be used to enhance punishment for a current Virginia DUI offense. Out-of-state laws that criminalize driving with a prohibited blood alcohol content of .08 percent or more by weight by volume or .08 grams or more per 210 liters of breath are deemed to be substantially similar offenses. In addition, a driving under the influence conviction in a state contiguous to the Commonwealth or in the District of Columbia is deemed to be substantially similar.

SUMMARY AS INTRODUCED:

DUI; prior offenses. Provides a definition of "substantially similar" for the purpose of determining when an out-of-state DUI conviction can be used to enhance punishment for a current Virginia DUI offense. Out-of-state laws that criminalize driving (i) while intoxicated, impaired, or under the influence and define intoxication or impairment as 0.08 or (ii) under the influence of, or while impaired by, alcohol, a drug, or alcohol and a drug are deemed to be substantially similar laws.