Virginia DUI manslaughter law
Several state statutes apply to vehicular manslaughter in the Commonwealth of Virginia:
- Code 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. – This Virginia law outlines what is defined as legally intoxicated while operating a motor vehicle. If a driver’s Blood Alcohol Concentration (BAC) is 0.08 percent or higher, the driver is presumed to be intoxicated under Virginia law.
- Code 18.2-36.1. Certain conduct punishable as involuntary manslaughter – If someone is “driving under the influence” of alcohol and “unintentionally causes the death of another person,” the driver can be charged with involuntary manslaughter.
Is vehicular manslaughter a felony in Virginia?
Yes. Under Virginia law, if someone is charged with DUI manslaughter (vehicular manslaughter), the charge is considered a felony DUI charge. All felony charges in Virginia are punishable by a prison term of at least one year.
Penalty for DUI manslaughter conviction
If someone is charged and convicted of DUI manslaughter in Virginia, the penalty can range from 1 year to 10 years in prison, plus a $2,500 fine, according to Virginia law.
If a judge and jury find that the driver “was so gross, wanton and culpable as to show a reckless disregard for human life,” the driver will be found guilty of “aggravated involuntary manslaughter,” according to Virginia Code 18.2-36.1, Part B. This felony charge carries a prison sentence of 1 to 20 years.
Know your rights. Trust our law firm
DUI Manslaughter charges in Virginia can have huge consequences. This is why it’s critical that you have a skilled DUI defense attorney who knows the law and can respond right away to such serious criminal charges.
We know what’s at stake at Welch & Wright, PLLC. When you have our legal team on your side, you can be sure we will work hard to find the evidence you need to build the strongest possible legal case. Our DUI trial attorneys have extensive courtroom experience handling DUI cases in Norfolk, the Hampton Roads area and throughout Virginia.
The clock is running after your DUI arrest. Don’t waste a second. Put your trust in a law firm that puts your needs first. Contact us and schedule a free case evaluation with a Norfolk, VA DUI manslaughter defense lawyer focused on winning your case.