Understanding DUI Manslaughter and Maiming in Virginia
DUI Manslaughter Overview
The charge of DUI manslaughter references when a driver unintentionally causes another person’s death while operating a motor vehicle under the influence of alcohol or drugs. In the state of Virginia, DUI manslaughter charges are treated quite similarly to involuntary manslaughter. The charge of DUI manslaughter is classified as a felony. It carries the possibility of penalties including imprisonment for up to 10 years, substantial fines, the revocation of your driver’s license, civil lawsuits, a criminal record, mandatory alcohol safety programs, and possible mandatory installation of an ignition interlock device should you ever be permitted to drive in the future. It’s critical to hire a Virginia DUI defense lawyer to properly navigate these legal consequences.
Difference Between DUI Manslaughter and DUI Maiming
The charge of DUI maiming is different than DUI manslaughter. This charge involves causing severe but non-fatal injuries while driving under the influence of drugs or alcohol. It’s classified differently based on the severity of the injuries. Temporary injuries are Class 6 felonies (0-5 years imprisonment). Permanent injuries are Class 4 felonies (0-10 years imprisonment). A conviction that involves the “reckless disregard for human life,” which can be inferred from driving behavior alone, also carries a mandatory minimum penalty of 1 year in prison.
Prosecution Approach
As a rule, prosecutors typically try to get the judge to impose the most severe charges possible when a death occurs in a DUI-related accident. The severity of the sentence handed down from the court often depends on the specific charge and prior records of the defendant. Evidence such as BAC results, eyewitness testimonies, video footage, and accident reports are key for the prosecution’s case.
Common Defenses
Defense strategies utilized by a DUI attorney in Virginia include challenging the cause of the accident, disputing the intoxication allegations, disputing the validity of breathalyzer test results, and questioning police procedures. These strategies may involve using expert witnesses, examining BAC test accuracy, and reviewing police protocols during the arrest.
Legal Representation
If you or a loved one has been accused of DUI manslaughter or DUI maiming in Virginia, it’s essential to hire an experienced criminal defense attorney to protect your freedom when facing these kinds of charges. At Welch & Wright, PLLC, we are available for hire to challenge the prosecution’s evidence, question arrest circumstances, and build a strong defense on your behalf or on behalf of your loved one. Contact us right away for a free case evaluation.
Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.