# 8

Let's revisit the heavily emphasized issues of choice and being an adult; why do legislatures place such emphasis here?

Except for Criminal Conspiracies (where two or more actors are necessary elements for a crime to take place) a Crime occurs when two elements are present and involving a single adult:

Criminal Intent  (mens rea)

Criminal Act  (actus reus)

The Virginia Legislature built into its DWI law (below) the necessary element that the substances which have intoxicated a suspect driver had to have been self-administered (note highlighted term below).  Strangely, this is a safeguard should anyone ever find themselves the subject of abduction where the captors force the swallowing of a bottle of whisky and then release the individual ordering him to drive away.  Such a person, if they could produce evidence that they did not self-administer the substances which caused them to become intoxicated, probably could never be convicted.

Judges and Prosecutors, on the other hand, have seen far too few of these defenses and the great majority of adult DWI cases involve defendants who make no effort to assert that they had not self-administered the substance.

Clearly, the act of self-administration - made by an adult- constitutes proof that the adult made a conscious choice (mens rea) and took a conscious action (actus reus).

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

Bills amending this Section

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

The Virginia Legislature, its Prosecutors and Judges approach the Criminal Code and Narcotics Laws soberly and when the defendant is an adult they impute to every adult the standing and presumption that the adult made a choice for which, if convicted, there are consequences as well as punishment.