Criminal Defense Lawyer Norfolk, VA and throughout Hampton Roads
Criminal Defense Lawyer Norfolk, VA and throughout Hampton Roads

Understanding DUI Manslaughter and Maiming Charges in Virginia

A close-up view of a bright yellow "POLICE LINE DO NOT CROSS" tape stretched across a scene, with the text in bold black letters.

In Virginia, a DUI charge carries harsh legal consequences. However, when a DUI is compounded with someone's injury or death, the consequences can be far worse. DUI manslaughter occurs when a person unintentionally causes another person's death while driving under the influence of alcohol or drugs.

This offense combines the elements of a DUI with the unintentional death of another person. Virginia law generally treats DUI manslaughter similarly to involuntary manslaughter, which is classified as a felony. The legal consequences may include imprisonment for up to 10 years and fines.

Additional penalties may include:

  • Driver's license revocation.
  • Potential civil lawsuits from the victim's family.
  • Criminal record affecting future employment and housing opportunities.
  • Mandatory alcohol safety action program completion.
  • Possible ignition interlock device requirement upon license reinstatement.

What is the difference between DUI manslaughter and DUI maiming in Virginia?

Unlike DUI manslaughter, DUI maiming occurs when an intoxicated person causes a severe non-fatal injury while operating a motor vehicle. When the injury is serious but temporary, it's classified as a Class 6 felony. If the injury results in permanent impairment, it's treated as a more severe Class 4 felony.

The sentencing range varies depending on the classification of the offense:

  • For Class 6 felony DUI maiming (serious but temporary injury), the sentencing range is 0-5 years.
  • For Class 4 felony DUI maiming (permanent injury), the potential sentencing range increases to 0-10 years.

How does the prosecution typically approach DUI manslaughter?

Prosecutors tend to pursue the most severe charges possible when a death occurs in a DUI-related accident. Even minimal evidence of intoxication can lead to charges of DUI manslaughter or aggravated DUI manslaughter. Sentencing can vary significantly based on the specific charge and any prior records you have.

For example, a first-time offender convicted of aggravated DUI manslaughter might face 3 years and 2 months to 7 years and 8 months, while regular DUI manslaughter might result in 10 months to 2 years and 10 months for a similar offender.

Additionally, prosecutors may look for the following evidence when building their case:

  • Blood alcohol concentration (BAC) test results.
    Eyewitness testimonies.
    Video footage from dash cams or nearby surveillance cameras.
    Accident reconstruction reports.
    Driving and criminal history.

What are common defenses for DUI Manslaughter and DUI Maiming charges?

One key defense strategy is to contest whether the defendant's driving was the actual cause of the victim's injury or death. This can involve:

  • Demonstrating that other factors contributed to the car accident.
  • Showing that the victim's death or injury resulted from causes unrelated to the collision.
  • Using accident reconstruction experts to analyze the circumstances leading to the crash.

Another method is to challenge the allegation of intoxication by doing the following:

  • Questioning the validity or accuracy of blood alcohol content (BAC) tests.
  • Examining the procedures used in field sobriety tests.
  • Investigating potential medical conditions that could mimic intoxication symptoms.
  • Employing expert witnesses to review and potentially discredit lab results.

Additionally, an attorney can challenge the actions and procedures used by police officers, such as:

  • Reviewing police bodycam or dashcam footage.
  • Investigating whether Miranda rights were properly read.
  • Examining whether proper protocols were followed during blood draws.
  • Assessing the calibration and maintenance records of breath testing devices.

Contact a skilled Virginia criminal defense attorney

If you've been charged with DUI manslaughter or DUI maiming in Virginia, the stakes couldn't be higher. These serious offenses can impact your future for years to come. To protect your freedom, getting legal help from a skilled criminal defense attorney who understands Virginia's DUI laws is critical.

The attorneys at Welch & Wright, PLLC, can challenge the prosecution's evidence, question the circumstances of your arrest, and work tirelessly to build the strongest possible defense on your behalf. With so much on the line, don't wait; contact us today to schedule a free case evaluation. We'll listen to your circumstances, answer any questions you have, and explain how our attorneys can help.

Categories: Posts
Criminal Defense Attorneys
Who Will Fight For Your Rights
Free Consultation. Contact Us Today.

    Welch & Wright, PLLC
    The law firm you want
    when your future is on the line
    Click Here