Personal injury
$730,000
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsSource review: September 22, 2026. Virginia Code § 18.2-270 addresses additional mandatory minimum confinement when a qualifying alcohol result falls within one of two elevated-result bands. The exact result, test path, underlying DUI conviction, prior-offense history, and other record details all matter.
This statewide guide explains the two statutory bands, why the boundary at exactly 0.20 matters, how the rules differ for a conviction governed by subsection A and for a second offense within 10 years, and which records help identify the issue. It does not decide whether a result is accurate or admissible, whether a prior conviction qualifies, whether a charge can be proved, or what sentence will be imposed in an individual case.
“High BAC” is a convenient description, not the name of a separate offense in Virginia Code § 18.2-270. The statute is a penalty provision tied to an underlying conviction under § 18.2-266. It uses exact alcohol-level bands and describes additional mandatory minimum periods of confinement when its conditions are satisfied.
A reported number should not be rounded into or out of a statutory band. The statute refers to a blood alcohol level indicated by a chemical test administered as provided in the DUI-testing article or by another scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the source person’s identity and the result’s accuracy. Whether a particular result satisfies that language requires review of the actual record.
For a conviction governed by subsection A, a qualifying result of at least 0.15 but not more than 0.20 carries an additional mandatory minimum period of confinement of five days. For a second offense within 10 years of a prior offense, subsection B(3) provides an additional mandatory minimum period of confinement of 10 days.
For a conviction governed by subsection A, a qualifying result of more than 0.20 carries an additional mandatory minimum period of confinement of 10 days. For a second offense within 10 years of a prior offense, subsection B(3) provides an additional mandatory minimum period of confinement of 20 days.
Subsection B(3) also states that a person convicted of a second offense within 10 years with a qualifying elevated result shall receive an additional mandatory minimum fine of $500. The baseline punishment for the underlying conviction and other possible consequences are separate questions. The Phoenix guides to a first DUI offense in Virginia, a second DUI offense, and felony DUI allegations address those distinct stages.
The first band includes a qualifying level that is exactly 0.20 because it extends through “not more than 0.20.” The higher band begins only when the qualifying level is more than 0.20. A shorthand statement that the higher period begins “at 0.20” would not preserve the statutory boundary.
The additional periods are not descriptions of the total possible sentence. Section 18.2-270(F) states that mandatory minimum punishments imposed under the section are cumulative and that mandatory minimum terms of confinement are served consecutively, subject to the applicable statutory maximum. The complete sentencing analysis depends on the offense stage, qualifying history, other statutory provisions, and the judgment entered in the actual case.
Section 18.2-266 describes several ways the Commonwealth may prosecute a DUI charge. Section 18.2-270 supplies penalty rules after a conviction. An alleged elevated result does not by itself resolve operation, identity, the applicable clause, the validity or admissibility of a test, the effect of other evidence, or every element of the underlying charge.
Prior-offense treatment also requires the actual records. Section 18.2-270 contains rules addressing the timing and types of convictions that may count, including certain Virginia ordinances and substantially similar laws from another state or the United States. A label in a database or a person’s memory of an earlier case is not a substitute for reviewing the charging document, conviction order, date, jurisdiction, and applicable law.
Virginia Code § 18.2-267 governs a preliminary roadside breath analysis. Subsection E states that the result is not admitted into evidence in a prosecution for the listed offense and explains that the test’s purpose is preliminary analysis. Section 18.2-268.2 separately addresses post-arrest testing under Virginia’s implied-consent framework.
Those test events should not be treated as interchangeable. The exact source of every reported number should be identified before applying § 18.2-270. The separate Phoenix guide to Virginia breath testing and refusal issues addresses that procedure in greater depth. Blood collection, transmission, retained-sample, and retesting issues require their own record-specific analysis.
A useful review begins by identifying the source and procedural role of the number rather than assuming every document reports the same thing. Preserve complete, unedited copies of:
Do not alter an original file or rely only on a cropped screenshot when a complete record is available. Do not upload test records, medical information, or confidential case details through an unapproved form or automated assistant.
Virginia Code § 18.2-268.10 states that admission of a blood or breath result does not limit other relevant evidence and that the court considers other relevant admissible evidence concerning the accused’s condition. That rule does not create a particular defense or predict an outcome. It means a reported number should be reviewed within the full charging and evidentiary record.
This guide does not make claims about a device model, instrument transition, testing accuracy, measurement uncertainty, absorption or elimination, retrograde extrapolation, mouth alcohol, medical conditions, or physiological effects. Those subjects may require current instrument records, governing legal authority, and qualified scientific review. No general webpage can determine their relevance to an individual matter.
This page is limited to the two elevated-result bands and the records needed to identify that issue. It does not replace the broader Hampton Roads DUI guide, the stage-specific first-, second-, or felony-DUI pages, the breath-and-refusal guide, or the separate guide to Virginia DUI license suspension, VASAP, restricted driving, and ignition interlock.
Field-sobriety testing, drug or prescription allegations, underage DUI, traffic-stop and body-camera issues, blood-sample provenance, crash or injury charges, and civil claims involving an impaired driver also require separate analysis. They are not folded into the phrase “high BAC.”
Virginia statutes can change, and the precise charge, test source, prior history, evidence, and court record may change the analysis. Review the current official sources and obtain advice tied to the actual documents and alleged facts.
This page provides general legal information, not legal advice for a particular matter. It does not create an attorney-client relationship or promise a result, fee, response time, availability, or acceptance of representation.
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Smithfield, VA 23430
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Good to knowFor DUI or DWI inquiries, choose Criminal defense & DUI above. This overview does not determine whether you must appear in court. That question requires a review of your specific matter.
Start a conversationTell us the charge description, locality or court, and date shown on your summons or later court notice. For speed-related matters, note the alleged speed and posted limit.
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Our clients. Our work.
We represent people facing injury, criminal charges, and serious traffic matters. Here are seven outcomes from our work.
Personal injury
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsCriminal defense & DUI
DUI: second offense
Not guilty of second-offense DUI. A conviction on the separate refusal charge remained.
Read case detailsCriminal defense
Strangulation — Chesapeake Circuit Court
The strangulation charge was dismissed. The separate domestic assault and battery charge received a first-offender deferred disposition.
Read case detailsCriminal defense
Felony eluding
The Commonwealth chose not to proceed with the felony-eluding prosecution. Driver identification was the central issue.
Read case detailsCriminal defense
Domestic assault and battery
The court dismissed the charge after considering the client’s testimony, injury photographs, and cross-examination.
Read case detailsCriminal defense
Firearm charges · preliminary hearing
Both charges were dismissed at the Norfolk preliminary hearing and were not certified to circuit court.
Read case detailsSerious traffic
Reckless driving
A challenge to the radar evidence led to a granted motion to strike and dismissal of the reckless-driving charge.
Read case detailsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Passenger injury recovery
Our client was a passenger in a vehicle when the driver turned into oncoming traffic. A severe arm injury required emergency surgery.
The vehicle’s policy provided $250,000 in coverage. Phoenix pursued an underinsured motorist claim and stacked multiple policies for an additional $480,000 in coverage.
We recovered $730,000 for our client.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Second-offense DUI and a separate refusal charge
A stop for failing to obey a highway lane marking led to charges of second-offense DUI and refusal of an official breath test.
The officer reported a slight odor of alcohol and slightly slurred speech. There were no field-sobriety or chemical test results. Phoenix challenged whether the evidence proved DUI beyond a reasonable doubt.
The court found the client not guilty of second-offense DUI because the evidence did not establish guilt beyond a reasonable doubt. The client was convicted of the separate refusal charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Chesapeake Circuit Court
Our client faced strangulation and domestic assault and battery charges in Chesapeake Circuit Court following a physical altercation with a partner.
Dante Wright cross-examined the complainant about the reported effects of the altercation. The testimony included no loss of consciousness, no neck marks or bruising, and no hospital treatment or documented neck injury. The defense challenged whether the evidence established the bodily injury required for the strangulation charge and moved to strike.
The court granted the motion to strike and dismissed the strangulation charge. On the separate domestic assault and battery charge, the court found sufficient evidence but granted a first-offender deferred disposition. That charge was not dismissed at this stage.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Felony eluding
A vehicle registered to our client was clocked at more than 100 mph and crashed near a wooded area after police gave chase. It was empty when the officer arrived. Our client was charged with felony eluding.
The vehicle’s registration and personal items linked it to our client, but the officer had no description identifying him as the driver. Phoenix challenged whether the evidence established who was driving. Our client reported the vehicle stolen that night and said he was elsewhere with a sibling.
The Commonwealth chose not to proceed with the felony-eluding charge, which was resolved by nolle prosequi in circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Navy servicemember · Newport News
Our client, a Navy servicemember, faced a domestic assault and battery charge involving her child’s father.
Dante Wright called our client to testify about the incident, introduced photographs showing bruising and redness on her neck and injuries to her face, and cross-examined the complainant.
The Newport News Juvenile and Domestic Relations District Court dismissed the charge. Considering our client’s injuries and the absence of evidence of significant injuries to the complainant, the judge could not determine who was the aggressor.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Norfolk General District Court
Our client faced charges of possession of a firearm by a convicted felon and second-offense carrying a concealed weapon at a preliminary hearing in Norfolk General District Court.
Dante Wright cross-examined the officers about the evidence linking our client to the firearm. Officers found an object resembling a gun holster on our client, but no firearm. The gun was recovered elsewhere outside an apartment complex, away from our client. No link to the client or the holster was established; fingerprint testing was inconclusive, and no DNA evidence connected him to the firearm.
Both charges were dismissed at the preliminary hearing and were not certified to circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
A challenge to the radar evidence
Our client faced a reckless-driving charge involving a radar speed measurement.
At trial, the officer could not confirm that the radar had been checked before and after the shift and found accurate. No calibration certificate was presented. Dante Wright moved to strike the evidence.
The court granted the motion to strike and dismissed the reckless-driving charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Answers before your first call
Understand the records to preserve, insurance questions to ask, and how we help injured drivers and passengers.
Read the car-accident guide →Follow the process from investigation and treatment documentation through negotiation and, when appropriate, litigation.
Explore the claim process →Get to know Phoenix
Meet the people behind the firm and learn what to expect when you reach out.
A quick introduction from Dante Wright