You can stay inside your lane and still be stopped for suspected DWI in Virginia. That does not mean every drift or correction gives an officer a reason to pull you over. It means we need to look at what actually happened.
If you are charged with DWI in Fairfax or Prince William County, the first question is often what the officer saw before the stop. The breath test comes later. It does not answer that first question.
What the Court of Appeals decided
In McCumber v. Commonwealth, Record No. 1577-25-3 (June 23, 2026), the driver drifted twice and abruptly corrected his truck. He was traveling five miles below the limit at night, with no illuminated taillights. The court looked at those facts together and upheld the DWI stop.
There was no rule requiring three weaves, five weaves, or a tire crossing the lane marker. The decision also did not say that one mild movement within a lane always justifies a stop. The nature of the movement and the surrounding facts mattered.
But aren't some equipment stops prohibited?
Yes. Virginia Code § 46.2-1030(F) limits stops for violations of that lighting section and provides an exclusion remedy for a stop that violates the subsection. It also allows a stop when no headlights are illuminated during the specified periods.
In McCumber, the court concluded that the deputy stopped the driver for suspected impairment, rather than simply for the taillight issue. The lighting observation was one part of that assessment. That distinction is why reading the ticket alone is not enough to evaluate a stop.
What I would want to review
I would start with the recording. Does it show the movement described in the report? How long did the officer follow the car? Was there traffic, a bend, a narrow lane, or something in the road? What was visible before the emergency lights came on?
Then I would compare that recording with the officer's explanation. A report may describe “weaving” without explaining whether the movement was mild, repeated, or abrupt. Those details deserve attention. So does the sequence of events.
This is not a promise that a motion to suppress will succeed. It is the work needed to decide whether there is a sound basis to file one. The assessment has to come from the evidence.
If your DWI case is in Fairfax or Prince William
Keep your summons and test paperwork. Write down what you remember, including the road conditions and what the officer said. Save any original recordings you have. Do not edit them or post your account online.
We handle DUI and DWI cases in Fairfax and Prince William County. Contact Dischley Law so we can discuss the charge, the court date, and what we need to review.
General information only. This article is not legal advice for an individual case and does not create an attorney-client relationship. Outcomes depend on the facts and applicable law.