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Loudoun County Attorneys > Blog > Criminal Defense > Virginia Drunk Driver Hits Teenage Pedestrian

Virginia Drunk Driver Hits Teenage Pedestrian

PedestrianCrosswalk

A Virginia woman allegedly drove under the influence (DUI) and crashed into a teenage pedestrian, according to an article by WRIC.

This incident occurred on Saturday, December 3 at approximately 6 a.m. That is when the Virginia woman allegedly hit a pedestrian with a passenger vehicle. First responders transported the teenage pedestrian to a nearby hospital for medical treatment of serious injuries.

Although this incident remains under investigation, the Virginia woman already faces charges for DUI. In that light, it seems relevant to assess the Virginia laws against and penalties for DUI offenses.

Virginia Laws Against DUI

The laws against DUI appear under Code of Virginia Section 18.2-266. This section makes it unlawful to operate a motor vehicle, engine, or train:

  • With a blood-alcohol concentration (BAC) of at least 0.08;
  • With a blood concentration of at least 0.02 milligrams of cocaine, 0.1 milligrams of meth, 0.01 milligrams of PCP, or 0.1 milligrams of MDMA;
  • While impaired by alcohol;
  • While impaired by any narcotic drug, self-administered intoxicant, or other drug; or
  • While impaired by a combination of alcohol and any drug(s).

Under Virginia law, impairment occurs when a person consumes any substance to a degree that interferes with their ability to operate a vehicle in a safe and legal fashion.

Virginia Penalties for DUI

The penalties for DUI appear under Code of Virginia Section 18.2-270. Ordinarily, the applicable charge and punishment fluctuate mostly based on the number of previous offenses, if any. But it is important to note that DUI penalties can change as a result of a high BAC level, transportation of a minor, or the presence of serious harm or injury.

From an overarching perspective, the Virginia penalties for DUI offenses are as follows:

  • First Conviction — Class 1 misdemeanor with a mandatory criminal fine of $250 and, for certain offenders, a jail sentence between 5 and 10 days;
  • Second Conviction (within 5-10 years) — Class 1 misdemeanor with a mandatory criminal fine of $500 and a mandatory jail sentence between 10 and 20 days;
  • Third Conviction (within 5-10 years) — Class 6 felony with a mandatory criminal fine of $1,000 and a mandatory prison sentence between 90 days and six months; or
  • Fourth or Subsequent Conviction (within 10 years) — Class 6 felony with a mandatory criminal fine of $1,000 and a mandatory prison sentence of at least 12 months.

Do You Need Legal Help?

If you have legal questions about Virginia charges for any DUI offense, it can be thoroughly productive to contact a seasoned Leesburg criminal attorney. With more than 140 years of combined legal experience, the attorneys at Simms Showers can assist with the defense of many criminal charges, including DUI. If you need legal help with criminal defense, contact us today for a free initial consultation.

SOURCES:

wric.com/news/northern-virginia/dui-suspect-arrested-in-stafford-after-allegedly-hitting-teen-with-suv-causing-serious-injuries/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-266/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/

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