Legal Question in Criminal Law in Virginia

I don't understand this question. Was she charged with DWI or not? It is possible that they put her through the roadside tests but decided that she passed and did not charge her.

When you ask is the DUI code the same for private property this sounds like she was not charged with DUI as a crime. Is that right?

Was she charged criminally with damaging property? If so, it would not matter if she had a drink. The charge would require either reckless or intentional damage

What do you mean by private property? That sounds like you are referring to a private civil lawsuit -- not criminal -- for damage to private property. Is that the situation?

If she is accused -- in a civil lawsuit -- of causing damage to private property it would require that she was either negligent or acting intentionally to intentionally destroy property. It would not really be relevant whether she had been drinking or not unless it was part of the explanation for how she was "negligent." But one can be negligent while sober and careful while drunk. The test would be whether she actually DID something while driving that a reasonably prudent person paying attention would not have done or failed to do what a prudent driver would do.