Virginia Drunk Driver Severely Injures Family Of 3
An alleged drunk driving incident in Virginia hospitalized two parents and a newborn baby, according to an article by ABC affiliate WSET.
The Virginia State Police reported that this incident occurred on Saturday, November 6 on Route 122. That is when a truck driver traveling southbound allegedly caused a head-on collision with the family’s passenger vehicle. First responders transported both parents and the newborn to a local hospital for medical treatment. All three are expected to recover fully.
As a result of this incident, local authorities charged the truck driver with driving under the influence (DUI). If convicted, this driver could face serious criminal consequences, including confinement and fines. Though depending on the number of previous offenses or level of blood-alcohol concentration (BAC), the truck driver could face DUI charges at the misdemeanor or felony level.
Virginia Punishment for Misdemeanor DUI
Code of Virginia Section 18.2-270 outlines the punishment for misdemeanor DUI. The misdemeanor version of this offense typically applies to the first or second conviction. But the applicable penalties can vary, as detailed below:
- A First Conviction — Is a Class 1 misdemeanor with a mandatory fine of $250;
- A First Conviction (BAC of 0.15 or more) — Is a Class 1 misdemeanor with a mandatory fine of $250 and at least five to 10 days in jail;
- A Second Conviction (within 5-10 years) — Is a Class 1 misdemeanor with a mandatory fine of $500 and at least 10 to 20 days in jail; or
- A Second Conviction (BAC of 0.15 or more) — Is a Class 1 misdemeanor with a mandatory fine of $500 and at least 10 to 20 days in jail.
In addition, misdemeanor DUI convictions lead to driver’s license suspension or revocation under Code of Virginia Section 18.2-271. The first DUI conviction results in a 12-month suspension period. A second DUI conviction results in a 36-month revocation period.
Virginia Punishment for Felony DUI
Section 18.2-270 also highlights the punishment for felony DUI. The felony version of this offense typically kicks in on the third or subsequent conviction. The applicable penalties can vary, as explained below:
- A Third Conviction (within 10 years) — Is a Class 6 felony with a mandatory fine of $1,000 and at least 90 days in prison;
- A Third Conviction (within 5 years) — Is a Class 6 felony with a mandatory fine of $1,000 and at least 180 days in prison; or
- A Fourth or Subsequent Conviction (within 10 years) — Is a Class 6 felony with a mandatory fine of $1,000 and at least 12 months in prison.
On top of the penalties described above, felony DUI convictions also lead to permanent revocation of driving privileges under Section 18.2-271.
Do You Need Legal Help?
The dedicated Leesburg reckless driving attorneys Simms Showers LLP are prepared to offer you a serious defense. Contact us today for a consultation.