DCJS Virginia Laws and Legal Procedures 2 — Questions and Answers
Question 1: Under Virginia law, what is the maximum blood alcohol content (BAC) for a driver under age 21 to be charged with underage DUI?
- 0.08%
- 0.02% (Correct answer)
- 0.04%
- 0.10%
Correct answer: 0.02%
Virginia Code § 18.2-266.1 prohibits drivers under 21 from operating a vehicle with a BAC of 0.02% or more.
Question 2: In Virginia, a 'Terry stop' allows an officer to briefly detain a person based on:
- Probable cause to arrest
- Reasonable articulable suspicion of criminal activity (Correct answer)
- A citizen complaint alone
- A hunch or intuition
Correct answer: Reasonable articulable suspicion of criminal activity
A Terry stop requires reasonable articulable suspicion—specific facts that would lead a reasonable officer to believe criminal activity is afoot.
Question 3: Under Virginia Code § 19.2-81, a law enforcement officer may arrest without a warrant for a misdemeanor only if:
- The officer witnesses the offense (Correct answer)
- A victim identifies the suspect
- The offense occurred within 24 hours
- Two witnesses confirm the offense
Correct answer: The officer witnesses the offense
Generally, warrantless misdemeanor arrests in Virginia require that the officer personally witnessed the offense, with specific statutory exceptions.
Question 4: What Virginia statute governs the crime of stalking?
- § 18.2-60.3 (Correct answer)
- § 18.2-57
- § 18.2-95
- § 18.2-46.1
Correct answer: § 18.2-60.3
Virginia Code § 18.2-60.3 defines and criminalizes stalking as a Class 1 misdemeanor for a first offense.
Question 5: Virginia's 'implied consent' law requires that drivers arrested for DUI must:
- Submit to a field sobriety test
- Submit to a blood or breath test (Correct answer)
- Provide a urine sample on demand
- Answer all officer questions truthfully
Correct answer: Submit to a blood or breath test
Under Virginia Code § 18.2-268.2, any person arrested for DUI is deemed to have consented to a blood or breath test.
Question 6: Under Virginia law, which of the following is classified as a Class 3 felony?
- Grand larceny of property valued at $1,000 or more
- Robbery
- Malicious wounding (Correct answer)
- Carjacking
Correct answer: Malicious wounding
Malicious wounding under Virginia Code § 18.2-51 is a Class 3 felony punishable by 5–20 years imprisonment.
Question 7: Virginia's 'Castle Doctrine' under § 55.1-149 primarily addresses:
- The right to refuse search of a home
- The use of force to defend one's dwelling against unlawful entry (Correct answer)
- Landlord-tenant eviction rights
- Zoning protections for residential property
Correct answer: The use of force to defend one's dwelling against unlawful entry
Virginia's Castle Doctrine allows occupants to use force, including deadly force, to protect themselves from unlawful entry into their home.
Under Virginia law, what is the maximum blood alcohol content (BAC) for a driver under age 21 to be charged with underage DUI?