DUI Maiming Vs. Involuntary Manslaughter Crimes In Virginia
Driving under the influence (DUI) of alcohol or other substances is a serious criminal offense in Virginia. At a minimum, DUI crimes can lead to misdemeanor or felony charges under Code of Virginia Section 18.2-270.
But in more extreme cases — such as those involving serious physical harm or death — an offender can face charges for DUI maiming or involuntary manslaughter. These offenses result in even more severe punishment than standard DUI charges.
Virginia Laws Against & Penalties for DUI Maiming
Code of Virginia Section 18.2-36.1 details the laws against DUI maiming. Under this section, it is illegal to:
- Commit DUI;
- Demonstrate a reckless disregard for human life; and
- As a direct result, unintentionally cause serious bodily injury to a victim.
The term “serious bodily injury” under Section 18.2-36.1 refers to any bodily injury that involves:
- Substantial risk of death;
- Extreme physical pain;
- Protracted and obvious disfigurement; or
- Protracted loss or impairment of physical or mental capacities.
Section 18.2-36.1 also explains the punishment for DUI maiming. Though depending on the circumstances of the offense, the applicable charge can escalate. When a person commits DUI maiming that involves:
- Serious Bodily Injury — It is a Class 6 felony, punishable by criminal fines up to $2,500 and imprisonment for one to five years; or
- Permanent/Significant Physical Impairment — It is a Class 4 felony, punishable by criminal fines up to $100,000 and imprisonment for two to 10 years.
Beyond the criminal penalties above, DUI maiming offenders are subject to permanent revocation of driving privileges.
Virginia Laws Against & Penalties for Involuntary Manslaughter
Code of Virginia Section 18.2-36.1 contains the laws against involuntary manslaughter. Under this section, it is unlawful to:
- Commit DUI; and
- As a direct result, unintentionally cause the death of a victim.
Code of Virginia Section 18.2-36 furnishes the punishment for involuntary manslaughter. This offense is punishable as a Class 5 felony. If convicted, the penalties can include criminal fines up to $2,500 and imprisonment for one to 10 years.
If the DUI offender’s conduct was so dangerous that it demonstrated a reckless disregard for human life, they can face charges for aggravated involuntary slaughter. This offense is punishable as a felony. If convicted, the penalties can include criminal fines and imprisonment for one to 20 years.
On top of criminal penalties above, standard and aggravated involuntary manslaughter offenders are subject to permanent revocation of driving privileges.
Do You Need Legal Help?
If you need legal assistance with DUI offenses of any variety in Virginia, it can be exceedingly fruitful to schedule a consultation with an adept Leesburg criminal attorney. The attorneys at Simms Showers possess time-tested skills in criminal defense, including various kinds of DUI cases. If you need legal help with criminal defense, contact us today for a free initial consultation.
SOURCES:
law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-36/
law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-36.1/
law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-51.4/
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/
