Virginia DWI/DUI Maiming Defense Attorney
DWI penalties in Virginia are harsh.
You could face DUI maiming charges if you get into an accident where someone sustained a significant injury. DUI maiming Virginia is the same thing as DWI maiming and is a felony.
This means you could receive a sentence to state prison, even if the charge is your first offense.
By working with a highly experienced and accomplished DUI maiming defense attorney from Flusche & Fitzgerald, Attorneys at Law, PLC, you can rest assured that we will protect your rights and fight for the best results possible.
Working with less-experienced attorneys or trying to handle the case yourself could leave you with a result that has a lasting negative impact on your life.
Contact us today to schedule a free initial consultation.
What Is DUI Maiming in Virginia?
Virginia’s DUI law establishes an enhanced punishment for driving under the influence and causing an accident that leaves a person severely injured.
The charge of DUI maiming Virginia only applies to unintentional vehicle collisions that occur due to the driver’s gross, wanton, and culpable behavior that demonstrates a reckless disregard for human life.
According to the statute, serious bodily injury refers to any injury involving a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a body member, organ, or mental faculty.
What Is the Penalty for DUI Maiming?
DUI maiming is a felony. The degree of felony depends on the severity and duration of the victim’s injuries.
You could face a Class 6 felony if the victim suffered serious bodily injury.
However, the severity of the punishment increases to a Class 4 felony if the victim sustained permanent and significant physical impairment.
The penalty for a Class 6 felony is a prison term of no less than one year but no more than five years.
The jury or judge can use their discretion to levy a jail sentence that does not exceed 12 months and a fine not to exceed $2,500 instead of a prison sentence.
The punishment for a Class 4 felony is a minimum of two years but no longer than 10 years in prison. The maximum fine is $100,000.
The license loss is significant if convicted of DUI maiming.
According to Code of Virginia § 46.2-391, the DMV will revoke your license, and you cannot ask to reinstate your license for five years.
The court could reinstate your license, but you’ll likely need to install an ignition interlock device.
Virginia DUI Charges and Penalties
You might wonder how the penalties for DUI maiming compare to the penalties a person might face for a DUI arrest without a serious auto collision.
Virginia’s drunk driving law has complementary legal theories to punish someone for driving while intoxicated.
The first theory falls under Virginia’s per se law, which states that no person can drive with a blood alcohol concentration (BAC) of 0.08% or greater.
Secondly, no person can operate a motor vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs.
The maximum penalty for a first offense of this Class 1 misdemeanor is 12 months in jail and a maximum of $2,500 fine. However, there is a minimum fine of $250.
The DMV will suspend your license for one year as well. You can apply to reinstate your license after successfully completing Virginia’s alcohol safety action program.
Looking for a DWI Maiming Defense Lawyer?
If you or a loved one faces DUI charges after an accident, you should contact a knowledgeable Virginia DWI maiming defense attorney from Flusche & Fitzgerald, Attorneys at Law, PLC, right away.
We are available 24/7 to answer your questions.
We can help put you in the best possible position to try to avoid a felony conviction or avoid a conviction altogether.
You have too much to lose to trust your defense to less experienced lawyers. Call our office at 540-318-5824 right now.
