As I said, I've never heard of anyone getting charged with a DUI under those circumstances in VA (I've been practicing law here for 20 years), even though it's on the books.I would encourage you to look into it a little further. Even in Virginia, the police officer can charge you with a DUI for blowing below 0.08 if they feel you are impaired. It remains the officers discretion. Even if you blow 0.000000 they can technically take you in for DUI. It is unlikely to be upheld in court, but its still gonna cost you money and heart ache.
I am sorry this is off track from the original topic. I just feel the above is important
I personally have zero tolerance for drinking and driving, and am embarrassed any time I see something like this in the news with my football teams name attached to it... which seems to be a lot lately
It's also still a crime to commit adultery in Virginia, but I don't think anyone has faced that charge in court since the days of horse buggies and oil lamps, although it regularly results in people pleading the 5th in divorce proceedings when asked about extramarital relations.