In Virginia, the term officially used is “driving while intoxicated” (DWI) rather that “driving under the influence” (DUI). Some states differ slightly between a DWI and a DUI when it comes to the penalties as sometimes one can be considered as a lesser offence. However Virginia DUI laws do not draw a distinction between the two terms. Anyone driving or operating a vehicle under the influence of drugs or alcohol is breaking Virginia's DUI laws. FIND MORE LEGAL ARTICLES Type any word(s) The blood alcohol concentration (BAC) has to be at least 0.8% or more for a person to be convicted with a DUI. The term used if the defendant is found guilty of reckless driving while under the influence of alcohol is “wet reckless.” Wet reckless is often used by Virginia DUI attorneys to plea bargain and is a reckless driving conviction. Even though both offenses, a DWI and a wet reckless conviction are misdemeanors, a wet reckless does not leave the same mark on a person which a DUI may leave. Virginia DUI laws prohibit anyone under the influence of drugs or alcohol to operate or drive a motor vehicle. The law prohibits the operating of a vehicle under the following circumstances: • While under the influence of drugs or alcohol. • With a BAC of 0.8% or more. • If the person has a blood concentration of 0.1 milligrams per litre or more of methamphetamine.