What must the Commonwealth prove for conviction of DUI/DWI?

DUI charges and DWI charges are brought pursuant to Va. Code 18.2-266. DUIs are classified as a Class 1 misdemeanor crime. The Commonwealth bears the burden to prove that the defendant (1) operated a vehicle while the defendant’s blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while impaired by alcohol or drugs.