DUI maiming occurs when someone is seriously injured while you are driving under the influence, and a conviction for such an offense can affect every aspect of your life. You can lose your driver’s license, face incarceration, and more. In addition, you’ll have a mark on your criminal record.
If you’ve been charged with DUI maiming, you need immediate legal assistance from a Virginia DUI lawyer experienced in this kind of case. The skilled Roanoke attorneys at Copenhaver, Ellett & Derrico are ready to step in and represent your interests, negotiate possible pleas, and craft the best defense possible.
To schedule an initial consultation of your case, contact us today at (540) 343-9349.
DUI Requirements in VA
A Virginia DUI is defined by Virginia Code Section 18.2-266 as a person driving or operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher for alcohol. Other substances must meet these thresholds to be considered a DUI:
- Cocaine – 0.02 milligrams/liter of blood
- PCP – 0.01 milligrams/liter of blood
- Crystal meth – 0.1 milligrams/liter of blood
- Ecstasy – 0.1 milligrams/liter of blood
You can also be charged with DUI if your driving is impaired with a lower BAC, or you’ve taken other drugs that impair your ability to operate a vehicle. To be charged with a DUI, you don’t have to be actually driving. Merely sitting at the wheel with keys in the ignition is considered enough to meet the definition of operating the vehicle.
DUI Maiming in Roanoke
To be convicted of DUI maiming, the following requirements must be met:
- You drove while intoxicated.
- You acted in a manner that was gross, wanton, and culpable that showed a reckless disregard for human life. This means that you knew or should have known about the possible consequences of choosing to drive while under the influence. This is also called criminal negligence.
- You unintentionally caused serious bodily injury to someone while driving under the influence. Serious bodily injuries include broken bones and contusions.
- The injury resulted in permanent and significant physical impairment for that person. This type of impairment that’s considered significant and permanent includes injuries that are not expected to heal completely such as brain damage, visible scarring, damage to or loss of an organ, loss of a limb, or loss of a pregnancy or resulting infertility.
The prosecutor must prove the above in order to obtain a conviction against you. An experienced DUI lawyer knows how to question each piece of evidence, and will argue against them as they fight for a not guilty verdict. They will use their knowledge of breathalyzers, blood tests, forensics, and injuries in your defense. A skilled attorney will also do a thorough and independent investigation to completely protect your rights.
DUI Maiming Conviction Penalties
DUI maiming is a class 6 felony in Virginia, and a conviction has the following serious consequences:
- One to five years in prison
- A fine of up to $2,500
- Driver’s license suspension
- Forfeiture of your vehicle
- Six points on your driving record
Contact a Roanoke DUI Attorney for Help Today
A conviction for DUI maiming impacts the rest of your life and affects your freedom, your driving record, and even your ability to ever drive again. At Copenhaver, Ellett & Derrico, our team of skilled drunk driving lawyers has decades of combined legal experience, and we are ready to take on your case.