Drunk Driving In Virginia Lands Two Pedestrians In Hospital
An alleged drunk driving incident in Virginia ended with one man in police custody and two pedestrians in the hospital, according to an article by 13News Now.
Law enforcement reports indicated that this incident occurred on Sunday, October 31, near Indian River Road and South Military Highway. The male driver of a pickup truck was traveling north and allegedly struck two pedestrians — a 50-year-old male and a 49-year-old female.
First responders transported both of the pedestrians to a nearby hospital for medical treatment. One of the pedestrians only sustained minor injuries. The other pedestrian was in critical condition. Apparently, the driver did not sustain any injuries.
The driver in question now faces charges for driving under the influence (DUI). While the police continue to investigate this incident, it seems like a good time to review DUI laws and penalties in Virginia.
Virginia Laws Against DUI
The state laws against DUI appear at Code of Virginia Section 18.2-266. It is illegal to drive or operate a vehicle if a person has a:
- Blood-alcohol concentration (BAC) of at least 0.08;
- Blood concentration of at least 0.1 milligrams of MDMA or meth, 0.02 milligrams of cocaine, or 0.01 milligrams of PCP.
Section 18.2-266 also makes it unlawful to drive or operate a vehicle if a person is:
- Under the influence of or impaired by alcohol, making them incapable of driving safely;
- Impaired by one or multiple drugs, making them incapable of driving safely; or
- Impaired by the combined influence of alcohol and drugs, making them incapable of driving safely.
Virginia Penalties for DUI
The state penalties for DUI appear at Code of Virginia Section 18.2-270. Though there are many variations of the Virginia penalties for this offense, DUI is generally punishable as follows:
- First Violation — DUI is usually a Class 1 misdemeanor with criminal fines of at least $250 and, in certain cases, confinement in jail for five to 10 days;
- Second Violation — DUI is typically a Class 1 misdemeanor with criminal fines of at least $500 and confinement in jail for 10 to 20 days;
- Third Violation — DUI is ordinarily a Class 6 felony with criminal fines of at least $1,000 and confinement in prison for at least six months; or
- Fourth or Subsequent Violation — DUI is routinely a Class 6 felony with criminal fines of at least $1,000 and confinement in prison for at least 12 months.
Section 18.2-270 establishes enhanced penalties for certain versions of DUI offenses. For example, drivers who register a BAC of at least 0.15 can face a heavier punishment. The same is true for DUI offenders who were transporting a minor child at the time of the offense.
Reach Out to Us Today for Assistance
If you have legal questions about DUI charges in Virginia, we can help. Reach out to the Leesburg drunk driving attorneys at Simms Showers LLP for a consultation.