In Virginia, drunk driving is treated pretty harshly – especially when a drunk driver causes an accident that claims someone’s life.
When that happens, a drunk driving charge becomes involuntary manslaughter, instead.
What is involuntary manslaughter?
Manslaughter is any unlawful killing of another person without premeditation. Voluntary manslaughter is intentional but done without planning, such as might occur in a bar fight.
Involuntary manslaughter is generally reserved for situations where the killing was unintentional but still criminal. While the charge can apply to numerous situations – like when someone fires a gun into the air in celebration and fails to account for the fact that the bullet speeding back down can still kill – it is specifically used to punish drunk drivers who get into fatal accidents.
When can the charges be aggravated?
Aggravated involuntary manslaughter is essentially an “enhanced” charge that, upon conviction, leads to significantly higher penalties for the defendant. It is used when the conduct of the accused is deemed to “show a reckless disregard for human life.”
In Virginia, a drunk driver involved in a fatal accident can expect this charge when:
- Their blood alcohol content (BAC) level is significantly above the legal limit of .08%, meaning that they had to be aware that they were far too impaired to be driving
- They have previous drunk driving convictions since a history of DUI offenses indicates a pattern of dangerous behavior and a refusal to follow the law
- There are other aggravating factors involved, such as when a driver wrecked while they were going at an excessive speed or trying to evade the police
If convicted of involuntary manslaughter, a defendant can face a $2,500 fine and between one and 10 years in prison, but a conviction on aggravated manslaughter can result in a $100,000 fine and between five and 20 years behind bars. For that reason, it’s wisest to engage experienced legal guidance as soon as possible.
