DUI Involuntary Manslaughter: Va. Code 18.2-36.1
What is DUI Vehicular Manslaughter in Virginia?
Virginia Code 18.2-36.2 provides the basis for an Involuntary or Vehicular Manslaughter charge when a death results from a DUI.
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
This is is a Class 5 Felony punishable by up to 10 years in Prison. The Commonwealth would have to prove that 1) you were driving under the influence, and 2) the act of driving under the influence is what caused the death of another.
Aggravated Involuntary Manslaughter requires proving more than that. It requires proving that the conduct was “so gross, wanton, and culpable, as to show a reckless disregard for human life[.]” This is more than simply driving while intoxicated. This is an unclassified Felony, and it carries not only a heightened maximum of 20 years in prison, but also a mandatory minimum of 1 year.
On top of this, if you are charged with either of these offenses, you are likely being charged with a DUI offense.
DUI Involuntary Manslaughter Lawyer
If you have been charged with DUI Manslaughter, you need a dedicated and zealous advocate who can carefully advise and represent you. Contact our Criminal Defense Lawyers to learn more about how we can help you.