To answer the OP's question, yes, it is still a DUI. If they believe that you are on drugs (narcotics, pain killers, etc.) you can get a DUI. Shit, if you blow UNDER a .08 but are driving unsafely, they can hit you with a DUI or Driving Impaired or whatever they want to call it. In my law class we found out that 3 of the 4 or 5 DUI laws only measure your impairment, but dont need a specific amount of drugs/alcohol in your system (so if I blow a .03, but I'm "impaired" I still get a DUI)

http://www.1800dialdui.com/CM/FindAn...a-Virginia.asp