What Is The Virginia Crime Of Involuntary Manslaughter?

Driving under the influence (DUI) of alcohol or drugs is already a serious criminal offense in Virginia. In certain cases, the consequences for DUI can become even more severe, particularly in cases of involuntary manslaughter, which represents the intersection of DUI and manslaughter statutes in Virginia.

How Does Virginia Define & Punish DUI?

Code of Virginia Section 18.2-266 furnishes the state laws against DUI. Under this section, it is illegal to operate a motor vehicle while impaired and incapable of safe driving. Impairment can arise from consumption of alcohol, drugs, or a combination of substances. Specifically, it qualifies as DUI if a person registers:

• Blood-alcohol concentration (BAC) of 0.08 or more;
• Methamphetamine concentration of 0.1 milligrams or more per liter of blood;
• MDMA concentration of 0.1 milligrams or more per liter of blood;
• Cocaine concentration of 0.02 milligrams or more per liter of blood; or
• PCP concentration of 0.01 milligrams or more per liter of blood.

Code of Virginia Section 18.2-270 provides the state punishment for DUI. This punishment can change based on numerous factors, such as a high BAC or previous offenses. Generally, however, DUI offenses in Virginia are punishable as follows:

• First Offense — Class 1 misdemeanor with a mandatory minimum of $250 in criminal fines and sometimes five to 10 days in jail;
• Second Offense — Class 1 misdemeanor with a mandatory minimum of $500 in criminal fines and 10 to 20 days in jail;
• Third Offense — Class 6 felony with a mandatory minimum of $1,000 in criminal fines and 90 days to six months in prison; or
• Fourth or Subsequent Offense — Class 6 felony with a mandatory minimum of $1,000 in criminal fines and 12 months in prison.

How Does Virginia Define & Punish Involuntary Manslaughter?

Code of Virginia Section 18.2-36.1 supplies the state laws against involuntary manslaughter. Under this section, it is illegal to cause the death of another person while also committing DUI.

Code of Virginia Section 18.2-36 establishes the state punishment for involuntary manslaughter. Under this section, involuntary manslaughter is punishable as a Class 5 felony. If convicted, the criminal penalties can include one to 10 years in prison and up to $2,500 in criminal fines.

Virginia law also includes a separate charge for aggravated involuntary manslaughter. The aggravated version of this offense applies when the offender’s conduct is so wanton or dangerous as to indicate a reckless disregard for human life.

Under Section 18.2-36.1, aggravated involuntary manslaughter is a felony crime. If convicted, the penalties can include criminal fines and one to 20 years in prison.

Let Us Help You Today

If you have legal questions about DUI or involuntary manslaughter under Virginia law, it can be thoroughly helpful to reach out to an experienced Leesburg criminal defense attorney. Contact us today at Simms Showers LLP for more information.