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2010 SESSION

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SB 495 DUI; definition of substantially similar laws for determining number of prior offenses.

Introduced by: Robert Hurt | 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:

Analogous DUI laws of any other state or of the United States.  Allows analogous state laws to be used as prior DUI convictions and provides that a law is analogous if it criminalizes the operation of a motor vehicle while impaired by or under the influence of intoxicants and with regard to alcohol uses 0.08 as its presumptive or per se level of intoxication.