DUI Maiming: Va Code 18.2-54.1

What is DUI Maiming in Virginia?

DUI Maiming is the Virginia charge for when a DUI results in a serious injury to another person but not death. If the DUI results in death, the driver will face vehicular manslaughter charges.

The Virginia Code has two DUI Maiming categories:

Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.

As used in this section, “serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.

What are the Penalties for DUI Maiming in Virginia?

A Class 6 Felony carries a possible prison sentence of up to 5 years, and a Class 4 Felony carries a possible prison sentence of up to 10 years.

A charge for DUI Maiming will likely accompany a separate DUI Charge.

What Defenses Are Available For DUI Maiming?

An experienced Virginia Criminal Defense Lawyer can evaluate your DUI Maiming case for specific defenses. This includes looking to see if you were properly charged. Was there actually a significant injury? Or was there just a fender-fender with some property damage? Can the Commonwealth prove that you were driving under the influence? These, and other defenses, are things to discuss with your attorney if you are charged with DUI maiming.

Consult with a Virginia DUI Maiming Lawyer

If you have been charged with DUI Maiming, contact us to learn more about how we can help you.