DUI Involuntary Manslaughter
When a Virginia DUI results in death, the driver can be charged with DUI Related Involuntary Manslaughter under Va. Code §18.2-36.1. DUI Related Involuntary Manslaughter in Virginia is charged when a driver, as a result of driving under the influence, unintentionally causes the death of another person.
Proof of DUI Related Involuntary Manslaughter in Virginia
Proof of DUI Related Involuntary Manslaughter in VirginiaTo convict an offender of DUI Related Involuntary Manslaughter in Virginia under Va. Code §18.2-36.1, the Commonwealth must prove that the offender:
- drove under the influence of alcohol, drugs, or a combination of alcohol or drugs, and as a result
- unintentionally caused the death of another person.
Driving Under the Influence
There are a number of ways that the Commonwealth can prove a driver was under the influence of alcohol, drugs, or both. The easiest way to prove that a driver was under the influence is through introduction of chemical breath or blood tests. In most DUI prosecutions, the Commonwealth is permitted to introduce chemical evidence of the driver’s Blood Alcohol Content (BAC) or Blood Drug Content (BDC), and Va. Code §18.2-269 allows the court to presume that a driver was under the influence if certain levels of alcohol or drugs were found in his system.
However, DUI Related Involuntary Manslaughter only requires a violation of sections (ii), (iii), or (iv) of Va. Code §18.2-266. To violate these sections, the Commonwealth need only prove that an offender was under the influence of alcohol, drugs, or both and does not need to prove that there was a certain level of alcohol or drugs in the driver’s blood which would presume intoxication. As a result, the Commonwealth can prove a driver was under the influence based on other evidence, including, but not limited to:
- appearance of intoxication (glassy or blood shot eyes, appearing disheveled)
- slurred speech
- erratic driving behavior
- admissions to drinking alcohol or taking drugs
- performance on field sobriety tests, and
- any other evidence that alcohol or drugs visibly affected the driver’s speech, manner, disposition, muscular movement, general appearance or behavior.
Unintentionally Caused the Death of Another Person
To be convicted of DUI Related Involuntary Manslaughter in Virginia under Va. Code §18.2-36.1, the Commonwealth must prove that the driver unintentionally caused the death of another as result of driving under the influence. Merely being under the influence of alcohol or drugs is not enough to convict an offender of DUI Related Involuntary Manslaughter in Virginia. The Commonwealth must show that the death occurred because of the effect the alcohol or drugs had on the driver.
Involuntary Manslaughter vs. DUI Related Involuntary Manslaughter in Virginia
An offender can be prosecuted for DUI Related Involuntary Manslaughter in Virginia and Involuntary Manslaughter under Va. Code §18.2-36 for the same conduct. Involuntary Manslaughter under Va. Code §18.2-36 requires proof of criminally negligent behavior. DUI Related Involuntary Manslaughter can be proven with evidence that the driver was under the influence of alcohol or drugs, but it is not necessary to prove any negligent behavior. Simply driving while under the influence of alcohol or drugs and causing the death of another (as a result of being under the influence) is enough to convict an offender of DUI Related Involuntary Manslaughter under Va. Code §18.2-36.1.
Conviction for Both DUI and DUI Related Involuntary Manslaughter in Virginia
A driver can also be prosecuted and convicted for both a DUI Related Involuntary Manslaughter in Virginia under Va. Code §18.2-36.1 and the underlying DUI forming the basis for the Involuntary Manslaughter charge.
Penalty for DUI Related Involuntary Manslaughter in Virginia
DUI Related Involuntary Manslaughter (Va. Code §18.2-36.1) in Virginia is a Class 5 felony. It is punished with up to 10 years in prison and a fine up to $2500. The driver’s car is also subject to seizure and forfeiture, and the DMV will add 6 demerit points to the driver’s Virginia driving record. Additionally, the driver’s license will be revoked indefinitely (Va. Code §46.2-391). The driver can petition for a restricted driver’s license 3 years from the date of the conviction, and can also petition for restoration of driving privileges at least 5 years from the date of the conviction (Va. Code §46.2-391(C)). However, a restricted license and restoration of driving privileges are up to the discretion of the judge and do not have to be granted.
Aggravated Involuntary Manslaughter in Virginia
DUI Related Involuntary Manslaughter in Virginia becomes aggravated involuntary manslaughter when the conduct of the driver is so gross, wanton and culpable as to show a reckless disregard for human life.
Reckless disregard is generally referred to as criminal negligence. Criminal negligence is judged objectively and depends on whether the offender knew or should have known of the probable consequences of his acts-whether he was aware of the risk created by his conduct. Essentially, negligence is culpable, or criminal, when an offender knows or should know of the risk he is creating by his conduct (the likelihood of death) and pursues the course of conduct anyway. Driving under the influence, by itself, does not prove that a driver had a reckless disregard for human life. The Commonwealth must prove that the offender drove in a reckless manner while under the influence of alcohol.
DUI Related Aggravated Involuntary Manslaughter in Virginia is punished with a mandatory minimum of 1 year in prison up to 20 years in prison (Va. Code §18.2-36.1(B)).
DUI Related Involuntary Manslaughter in Virginia
§18.2-36.1. Certain conduct punishable as involuntary manslaughter.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.