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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Bell v. Commonwealth - 2/20/1996
Opinion BY JUDGE ROSEMARIE ANNUNZIATA
Following a bench trial on May 19, 1994, the appellant, Lance Bell ("Bell"), was convicted of carjacking. On October 27, 1994, the trial court sentenced him to fifteen years in prison, with...
Smith v. Commonwealth - 2/6/1996
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
Kenneth Arnold Smith, Jr. (appellant) appeals from his bench trial conviction, in the Circuit Court of the City of Norfolk (trial court), for driving a motor vehicle on a public street...
Cash v. Commonwealth - 1/12/1996
Opinion BY JUSTICE A. CHRISTIAN COMPTON
On September 9, 1994, about 1:00 a.m., defendant Carolyn T. Cash was arrested and charged with driving a vehicle in the City of Buena Vista while under the influence of alcohol (DUI) in...
Castillo v. Commonwealth - 12/29/1995
OPINION BY JUDGE LARRY G. ELDER
Robyn L. Castillo (appellant) appeals her convictions for driving under the influence of alcohol in violation of Code § 18.2-266 and involuntary manslaughter in violation of Code § ...
Howard v. Commonwealth - 12/29/1995
OPINION BY JUDGE LARRY G. ELDER
Bennie James Howard (appellant) appeals his conviction for rape in violation of Code § 18.2-61. Appellant contends: (1) the trial court erred in failing to grant his motion to strike, which...
Thacker v. Commonwealth - 12/19/1995
MEMORANDUM OPINION BY JUDGE LARRY G. ELDER
Sidney Delwood Thacker, Sr. (appellant) appeals his conviction for second offense driving under the influence (DUI) in violation of Code §§ 18.2-266 and 18.2-270. Appellant contends...
Elkins v. Commonwealth - 12/19/1995
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975), we find from the record that at 12:10 a.m. on October 31, 1993, Botetourt County Sheriff's Deputy B. J. Ulrich (Ulrich)...
Greaser v. Commonwealth - 12/5/1995
MEMORANDUM OPINION BY JUDGE WILLIAM H. HODGES
The appellant, John Joseph Greaser, was convicted by a jury of driving after having being declared an habitual offender, a felony, pursuant to Code § 46.2-357(2 ). On appeal,...
Hoban v. Virginia Workers'' Compensation Commission - 11/7/1995
MEMORANDUM OPINION BY JUDGE JERE M. H. WILLIS, JR.
The commission denied Hoban's claim for an award under the Crime Victims' Compensation Act, Code § 19.2-368.1, et seq., because it found that he contributed to the infliction...
McNeil v. Commonwealth - 10/31/1995
MEMORANDUM OPINION BY JUDGE LARRY G. ELDER
JUDGE
Brian Dudley McNeil (appellant) appeals his conviction for driving under the influence of alcohol in violation of Code § 18.2-266(ii ). Appellant contends the trial court...
Polhamus v. Commonwealth - 10/31/1995
MEMORANDUM OPINION BY JUDGE WILLIAM H. HODGES
Barie Tyrone Polhamus (appellant) was convicted of driving under the influence of alcohol, second offense in ten years. On appeal, appellant contends that the Commonwealth failed to...
Commonwealth v. Paschall - 9/20/1995
MEMORANDUM OPINION BY JUDGE ROSEMARIE P. ANNUNZIATA
The appellee, David Winthrop Paschall, was indicted in the Circuit Court for the County of Albemarle for breaking and entering and grand larceny. The appellee filed a motion to...
Commonwealth v. Christian - 9/19/1995
MEMORANDUM OPINION BY JUDGE ROSEMARIE P. ANNUNZIATA
The appellee, Gary Lee Christian, was indicted in the Circuit Court for the County of Albemarle for breaking and entering and grand larceny. The appellee filed a motion to...
Barrett v. Commonwealth - 9/15/1995
Opinion BY JUSTICE HENRY H. WHITING
Jeter Ray Barrett appeals his conviction for operating a motor vehicle while under the influence of intoxicants (DUI). The dispositive issue is the admissibility of evidence of Barrett's...
Griswold v. Commonwealth - 9/5/1995
OPINION BY JUDGE JERE M. H. WILLIS, JR.
UPON REHEARING EN BANC
By opinion issued January 10, 1995, Griswold v. Commonwealth, 19 Va. App. 477, 453 S.E.2d 287 (1995), a panel of this court reversed Norman Edward...
Commonwealth v. Howell - 8/29/1995
Opinion BY CHIEF JUDGE NORMAN K. MOON
The Commonwealth appeals a final order of the circuit court dismissing an habitual offender show cause order against Albert R. Howell. The trial court ruled that "Howell's 1986 DUI...
Bolin v. Commonwealth - 8/29/1995
MEMORANDUM OPINION BY CHIEF JUDGE NORMAN K. MOON
Jesse Lee Bolin appeals from his conviction for driving under the influence of alcohol in violation of Code § 18.2-266. Bolin contends that the trial Judge erred in refusing to...
Freeman v. Commonwealth - 8/15/1995
OPINION BY JUDGE SAM W. COLEMAN III
Charles Leon Freeman appeals his conviction for driving after having been adJudged an habitual offender. He contends the trial court erred by denying his motion to suppress evidence...
Lawrence v. Commonwealth - 8/15/1995
OPINION BY JUDGE JOHANNA L. FITZPATRICK
Dennis Jeremiah Lawrence (appellant) was convicted in a bench trial of driving after having been adjudicated an habitual offender in violation of Code § 46.2-357. On appeal, he...
Taylor v. Commonwealth - 7/18/1995
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
Charles Gilbert Taylor was convicted by a jury of involuntary manslaughter. He contends that the trial court erred by admitting into evidence the results of a blood alcohol serum...
Driggs v. City of Martinsville - 7/11/1995
JUDGE LAWRENCE L. KOONTZ, JR.
Harvey Earl Driggs (Driggs) appeals his conviction for driving under the influence, a second or subsequent offense within a ten-year period pursuant to Code § 18.2-266. Driggs asserts that the...
Bottoms v. Commonwealth - 6/6/1995
[20 VaApp Page 467] Stuart Allen Bottoms (appellant) appeals his conviction for driving under the influence of alcohol in violation of Code § 18.2-266. Appellant contends that the trial court erred in failing to suppress blood test...
Raymond v. Commonwealth - 5/30/1995
Joan C. Raymond (appellant) appeals her conviction for driving under the influence of alcohol (3rd offense within five years). She contends that the certificates of blood alcohol analysis (certificate ) admitted into evidence were...
Travis v. Commonwealth of Virginia. - 5/23/1995
ELDER, Judge.
Edwin Joseph Travis (appellant) appeals his felony conviction for driving a motor vehicle after having been adjudicated an habitual offender in violation of Code § 46.2-357. Appellant contends: (1) an habitual...
Barrett v. City of Lynchburg - 5/16/1995
Appellant, Jeffrey Kent Barrett, was convicted of driving under the influence, fourth offense; driving on a suspended license, subsequent offense; and failing to stop at the scene of an accident resulting in property damage. On...
Hopson v. Commonwealth - 5/9/1995
Robert Paul Hopson (Hopson) appeals his conviction for driving under the influence pursuant to Code § 18.2-266. Hopson asserts that the trial court erred in admitting the certificate of analysis from his breathalyzer test on the...
Doss v. Commonwealth - 5/9/1995
In this criminal appeal, we hold that the record is insufficient to conclude that the defendant was subjected to double jeopardy when he was convicted of involuntary manslaughter, Code § 18.2-36.1, following conviction for driving...
Marshall v. Commonwealth - 5/2/1995
William J. Marshall (defendant) was adJudged an habitual offender by the trial court pursuant to Code § 46.2-351. On appeal, defendant complains that the court erroneously considered a 1986 DUI conviction as one of three necessary...
Ball Lumber Co. v. Jones - 4/18/1995
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
In this appeal from the Workers' Compensation Commission, the appellant, Ball Lumber Company, Inc., contends that the commission erred by finding the complainant's testimony...
Bishop v. Commonwealth - 4/11/1995
[20 VaApp Page 207] Carroll R. Bishop was convicted of driving after having been adjudicated an habitual offender in violation of Code § 46.2-357(B ) and sentenced as a felon pursuant to subsection (B)(2). He contends that the...
Pollard v. Commonwealth - 3/28/1995
Ted Crandle Pollard was convicted of involuntary manslaughter for conduct proscribed by Code § 18.2-36.1. He contends on this appeal that the evidence was insufficient to prove that the death of the victim was "caused as a...
Moses v. Commonwealth - 3/21/1995
Gleen Allen Moses was declared to be an habitual offender by the Circuit Court of Campbell County. See Code § 46.2-351 et seq. He contends that the trial court erred by improperly admitting into evidence a certified copy of an...
Taffe v. Commonwealth - 3/14/1995
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
John T. Taffe was tried and convicted in a bench trial for second offense driving under the influence in violation of Code §§ 18.2-266 and -270. The sole issue on appeal is whether...
Brown v. Commonwealth - 3/14/1995
OPINION BY JUDGE SAM W. COLEMAN III
This appeal challenges the validity of a DUI checkpoint, which led to the appellant, Ricky Lee Brown, being convicted for third offense of driving under the influence of alcohol. Appellant...
Page v. Commonwealth - 3/7/1995
MEMORANDUM OPINION BY JUDGE SAM W. COLEMAN III
Darrell Lynn Page, the defendant, appeals his conviction for driving after having been declared an habitual offender. He contends that the trial court erred by refusing to allow him...
Williams v. Commonwealth - 2/28/1995
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
Anthony J. Williams, Sr. (appellant) appeals from his bench trial conviction by the Circuit Court of the City of Virginia Beach (trial court) for possession of cocaine. The sole issue...
Nesselrodt v. Commonwealth - 12/20/1994
OPINION BY JUDGE JERE M.H. WILLIS, JR.
UPON REHEARING EN BANC
On May 24, 1994, a panel of this Court reversed and remanded the habitual offender adjudications of Rudolph E. Nesselrodt, Malcolm Wayne Thompson, Tony Lee...
Rodell Emanuel Cruise v. Commonwealth - 12/20/1994
MEMORANDUM OPINION BY CHIEF JUDGE NORMAN K. MOON
Rodell Cruise was convicted under § 46.2-357 of the Code of Virginia for operating a motor vehicle after having been adjudicated an habitual offender. On appeal he argues: (1)...
Harris v. City of Virginia Beach - 11/15/1994
OPINION BY JUDGE RICHARD S. BRAY
Dan L. Harris (defendant) was convicted in the Virginia Beach Circuit Court of driving under the influence of alcohol (DUI), second offense. He complains on appeal that this conviction was...
Artis v. City of Suffolk - 11/8/1994
Willie Lee Artis appeals his conviction for driving while intoxicated on the ground that the arresting officer failed to comply with the requirement of Code § 18.2-268.6 that following the taking of a blood sample an accused be...
Campbell v. Commonwealth - 11/8/1994
MEMORANDUM OPINION BY JUDGE LAWRENCE L. KOONTZ, JR.
Billy Ross Campbell (Campbell) appeals his conviction for driving under the influence of alcohol in violation of Code § 18.2-266. The sole issue on appeal is whether the...
Commonwealth v. Gray - 11/4/1994
OPINION BY JUSTICE BARBARA MILANO KEENAN
The sole issue in this appeal is whether the trial court erred in dismissing a charge of unreasonable refusal to submit to a breath or blood test, Code §§ 18.2-268.2 to -268.4,...
Sanders v. Commonwealth - 11/1/1994
BY JUDGE LARRY G. ELDER
William Alvin Sanders appeals his conviction for driving while intoxicated in violation of Code § 18.2-266. On appeal, he contends that (1) the Commonwealth provided an insufficient explanation as to...
Carbaugh v. Commonwealth - 10/11/1994
OPINION BY JUDGE JAMES W. BENTON, JR.
In this case, we must determine whether the trial Judge erred in revoking nine months of Kelvin Eugene Carbaugh's previously suspended sentence. Carbaugh contends that because the period...
Ford v. Commonwealth - 10/4/1994
BY JUDGE JOHANNA L. FITZPATRICK
Theresa Ann Ford (appellant) was convicted in a bench trial of drunk driving and driving after having been declared an habitual offender. On appeal, appellant argues that the trial court erred...
Smith v. Commonwealth - 8/30/1994
BY JUDGE JERE M.H. WILLIS, JR.
On appeal from a conviction for driving under the influence of alcohol (DUI), Clyde E. Smith argues that the unexplained loss of the blood vial sent to the independent laboratory of his choosing...
Jesse Barton Ledbetter v. Commonwealth - 8/23/1994
OPINION BY JUDGE LAWRENCE L. KOONTZ, JR.
Jesse Barton Ledbetter (Ledbetter) appeals his conviction by the Circuit Court of the City of Bristol for driving under the influence (DUI) on a new warrant issued by the court...
Barrett v. Commonwealth - 8/9/1994
OPINION BY JUDGE JERE M.H. WILLIS, JR.
UPON A REHEARING EN BANC
On appeal from his conviction of driving while intoxicated, Code § 18.2-266, his third such offense within a ten-year period, Jeter Ray Barrett contends...
James v. Commonwealth - 8/2/1994
OPINION BY JUDGE JOHANNA L. FITZPATRICK
Edward Tyler James (appellant) appeals his bench trial conviction for driving under the influence of alcohol (DUI), second offense within five years, in violation of Code § ...
Sanders v. Commonwealth - 7/26/1994
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
Larry Dean Sanders (appellant) appeals from his bench trial conviction by the Circuit Court of Fairfax County (trial court) for violation of Code § 18.2-266, "DRIVING UNDER THE...
Leveroni v. County of Arlington - 7/5/1994
OPINION BY CHIEF JUDGE NORMAN K. MOON
Catherine L. Leveroni was convicted of driving while intoxicated in violation of Arlington County Code § 14-40. On appeal, Leveroni contends that under Code § 19.2-81, her warrantless...
Richman v. Commonwealth - 6/21/1994
MEMORANDUM OPINION BY JUDGE JAMES W. BENTON, JR.
James M. Richman contends that the trial Judge erred in refusing to dismiss an information filed by the Commonwealth alleging that Richman was a habitual offender within the...
Sullivan v. Commonwealth - 6/14/1994
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
In this appeal from his bench trial conviction for possession of cocaine, Victor J. Sullivan (appellant) contends that the Commonwealth failed to establish a proper chain of custody of...
Reid v. Commonwealth - 6/14/1994
MEMORANDUM OPINION BY JUDGE JAMES W. BENTON, JR.
Richard Allen Reid appeals his convictions for voluntary manslaughter, in violation of Code § 18.2-35, and stabbing, cutting, or wounding another person in the commission of a...
Eagleston v. Commonwealth - 6/14/1994
OPINION BY JUDGE JERE M.H. WILLIS, JR.
On appeal of his conviction in a consolidated trial of two offenses of operating a motor vehicle after being declared an habitual offender, Kevin L. Eagleston contends that the trial...
Nesselrodt v. Commonwealth - 5/24/1994
Opinion BY JUDGE JAMES W. BENTON, JR.
Each of the appellants was adJudged to be a habitual offender under the motor vehicle laws as specified in Code §§ 46.2-351 through 46.2-363. These appeals were consolidated because...
Rivers v. Commonwealth - 5/24/1994
JUDGE RICHARD S. BRAY
Roderick Lee Rivers (defendant) was convicted in a bench trial of driving under the influence of alcohol in violation of Code § 18.2-266. On appeal, he complains that the evidence is insufficient to...
Hall v. Commonwealth - 5/17/1994
BY JUDGE SAM W. COLEMAN III
Jack Brine Hall appeals his conviction for driving on the public highways after having been adjudicated an habitual offender. For purposes of this appeal, we assume that Hall was an alcoholic during...
Tipton v. Commonwealth - 5/17/1994
OPINION BY
CHIEF JUDGE NORMAN K. MOON
James Phillips Tipton, II, was convicted of involuntary manslaughter by unintentionally causing death as the result of driving an automobile while under the influence of alcohol....
Simpson v. Commonwealth - 5/17/1994
BY JUDGE JOSEPH E. BAKER
Douglas H. Simpson (appellant) appeals from a bench trial judgment of the Circuit Court of Clarke County (trial court) that declared him to be an habitual offender pursuant to the provisions of Code § ...
Lee v. Commonwealth - 4/19/1994
OPINION BY JUDGE JOSEPH E. BAKER
Zeno Lee (appellant) appeals from judgments of the Circuit Court of the City of Suffolk (trial court) that approved jury verdicts convicting him for driving under the influence and for...
Johnson v. Commonwealth - 4/19/1994
MEMORANDUM OPINION BY JUDGE CHARLES H. DUFF
Appellant, Rex Alan Johnson, was convicted of driving after being declared an habitual offender. On appeal, Johnson contends that because his vehicle was unlawfully stopped, the trial...
Lockett v. Commonwealth - 12/21/1993
Opinion BY JUDGE JAMES W. BENTON, JR.
This appeal challenges the constitutionality of Code §§ 18.2-271 and 18.2-271.1. Russell Lee Lockett contends that he was denied equal protection of the law in violation of the...
Commonwealth v. Ayers - 11/30/1993
OPINION BY JUDGE LARRY G. ELDER
The Commonwealth appeals from the trial court's vacation of Danny Ray Ayers' habitual offender adjudication. It argues on appeal that the trial court erred in holding that North Carolina's DUI...
Jones v. City of Virginia Beach - 11/30/1993
OPINION BYJUDGE JAMES W. BENTON, JR.
Samuel Jones was convicted of public intoxication in violation of the City of Virginia Beach Code § 23-22. On this appeal, Jones contends that he was denied due process because (1) he...
Snead v. Commonwealth - 11/23/1993
OPINION BY JUDGE SAM W. COLEMAN III
Steven Carroll Snead appeals his conviction of driving while under the influence (DUI) in violation of Code § 18.2-266. He contends that (1) he was not provided a blood test after his...
Sullivan v. Commonwealth - 11/23/1993
OPINION BY JUDGE LARRY G. ELDER
Mary E. Sullivan appeals from her conviction for driving under the influence of alcohol, her second offense in five years. On appeal, she argues that the trial court erred in finding that the...
Sorensen v. Commonwealth - 11/16/1993
BY JUDGE SAM W. COLEMAN III
Christopher A. Sorensen appeals his two convictions of driving after having been adjudicated an habitual offender. He contends that (1) the order declaring him an habitual offender was no longer in...
Parker v. City of Newport News - 11/2/1993
OPINION BY CHIEF JUDGE NORMAN K. MOON
Catherine F. Parker, William A. Curtis, and Tracy A. Ward appeal from their convictions under Newport News City Ordinance § 26-72 for driving while under the influence. Aside from the...
Barrett v. Commonwealth - 10/19/1993
OPINION BY JUDGE LARRY G. ELDER
Jeter Ray Barrett appeals from his conviction for driving while intoxicated under Code § 18.2-266, his third such offense within a ten-year period. He argues that the trial court erred in...
Williams v. Commonwealth - 10/12/1993
MEMORANDUM OPINION BY JUDGE LARRY G. ELDER
Charles Danny Williams, appellant, appeals from the revocation of his suspended sentence for violating the terms of probation. He alleges that the trial court abused its discretion in...
Birchfield v. Dubrook Concrete - 10/4/1993
BY JUDGE JOSEPH E. BAKER
Appellees submitting on brief.
William D. Birchfield (Birchfield) appeals from a decision of the Workers' Compensation Commission (commission) denying him benefits for an injury he alleges he...
Williams v. Hale - 9/21/1993
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
This appeal by the Virginia Department of Motor Vehicles (DMV) is from an order of the Circuit Court of Buchanan County (trial court) that set aside the revocation and suspension of...
Porter v. Commonwealth - 9/14/1993
OPINION BY JUDGE JERE M.H. WILLIS, JR.
On appeal from his bench trial conviction of second degree murder, Michael Lewis Porter contends (1) that the evidence was insufficient as a matter of law to support his conviction, and...
Raymond v. Commonwealth - 9/14/1993
OPINION BY CHIEF JUDGE NORMAN K. MOON
Ronald Ray Raymond, appellant, appeals his driving under the influence conviction in violation of Code § 18.2-266. We affirm and hold that (1) the trial court did not err when...
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