Virginia Man Charged With Multiple DUI/DWI Offenses
A Virginia man faces several DUI/DWI charges after an alleged drunk driving incident resulted in serious injury to a victim, according to an article by NBC12.
Reports indicated that this accident occurred on Sunday, February 6 at approximately 1:30 a.m. At that time, a driver was attempting to pull out of a driveway when the Virginia man allegedly smashed into the rear end.
The Virginia man attempted to flee the scene. But sheriff’s deputies later apprehended this man, noting a strong odor of alcohol and lack of balance.
At this point, the Virginia man faces criminal charges for DUI/DWI, DUI/DWI maiming, and several other offenses. While this case continues to develop legally, it seems like a good opportunity to review the Virginia statutes governing these DUI/DWI offenses.
DUI/DWI Laws & Penalties in Virginia
Code of Virginia Section 18.2-266 supplies the laws against DUI/DWI. This section makes it unlawful to operate a vehicle while intoxicated or impaired by alcohol, drugs, or a combination of substances. Concerning alcohol, specifically, the legal limit is a blood-alcohol concentration (BAC) of 0.08.
On the impairment spectrum, the standard is much more broad. A person becomes impaired as soon as they lose the ability to drive in a safe and controlled fashion, adhering to all applicable rules of the road.
Code of Virginia Section 18.2-270 details the penalties for DUI/DWI. DUI/DWI is typically charged as a Class 1 misdemeanor on the first or second offense. Depending on the circumstances, these DUI/DWI offenders can expect to face mandatory criminal fines of at least $250 to $500, a jail sentence of five to 20 days, and driver’s license suspension or renovation.
DUI/DWI is typically charged as a Class 6 felony on the third, fourth, or subsequent offense. Depending on the circumstances, these DUI/DWI offenders can expect to face mandatory criminal fines of at least $1,000, a minimum prison sentence of three to 12 months, and driver’s license suspension or renovation.
DUI/DWI Maiming Laws & Penalties in Virginia
Code of Virginia Section 18.2-51.4 furnishes the laws against and penalties for DUI/DWI maiming. This section makes it illegal to:
- Commit DUI/DWI in a manner that indicates a reckless disregard for human life; and
- Cause serious bodily injury to another person, without acting intentionally.
In this sense, the term “serious bodily injury” refers to any bodily injury that involves:
- Substantial risk of death;
- Extreme physical pain;
- Protracted and obvious disfigurement; or
- Protracted loss or impairment of physical function or mental capacity.
At a minimum, any person who violates Section 18.2-51.4 will face Class 6 felony charges. If convicted for this Class 6 felony, the punishment can include criminal fines up to $2,500, imprisonment for 12 to 60 months, and permanent renovation of driving privileges.
On the other hand, DUI/DWI maiming can become a Class 4 felony. But the enhanced version of this offense only applies if the perpetrator causes permanent and significant physical impairment. If convicted for this Class 4 felony, the punishment can include criminal fines up to $100,000, imprisonment for 24 to 120 months, and permanent renovation of driving privileges.
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