How Virginia Handles Crashes Caused by Impaired Drivers

Impaired driving crashes are among the most preventable and legally consequential collisions that occur on Virginia roads. When a driver chooses to get behind the wheel while under the influence of alcohol or drugs and causes a crash, Virginia law provides both criminal and civil tools to hold that driver accountable. Understanding how those two systems work — and how they intersect — matters for anyone injured in an impaired driving crash in Hampton Roads.

Virginia’s Criminal DUI Framework

Virginia Code § 18.2-266 makes it unlawful to drive or operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher, while under the influence of alcohol, or while under the influence of certain drugs or combinations of substances to a degree that impairs the ability to drive safely. Virginia law also establishes specific prohibited blood concentrations for certain controlled substances. A first DUI offense is generally a Class 1 misdemeanor, with additional penalties that may apply depending on the circumstances.

When impaired driving results in serious injury or death, additional criminal charges may apply depending on the circumstances. Under Virginia Code § 18.2-51.4, an impaired driver who unintentionally causes serious bodily injury while driving in a manner that is gross, wanton, and culpable enough to show reckless disregard for human life may face a felony DUI maiming charge. Virginia Code § 18.2-36.1 separately addresses involuntary manslaughter resulting from driving under the influence, with aggravated involuntary manslaughter applying when the driver’s conduct meets the statute’s heightened standard of reckless disregard for human life.

The Civil Claim Is Separate and Independent

A criminal prosecution addresses the state’s interest in punishing impaired drivers. It does not compensate crash victims or their families for what they have lost. That recovery must be pursued through the civil justice system, through a personal injury or wrongful death claim filed against the at-fault driver.

A civil claim is separate from any criminal prosecution arising from the crash. The outcome of a criminal case does not automatically determine whether an injured person can pursue compensation through a civil claim. Civil liability depends on the evidence and legal standards applicable to the personal injury or wrongful death case.

What Damages Are Available

In a civil claim against an impaired driver, an injured person may seek compensation for medical expenses, lost wages, future care costs, and physical and emotional pain and suffering. For the family of a person killed by an impaired driver, Virginia’s wrongful death statute allows recovery for funeral costs, lost financial support, loss of companionship, and the grief caused by the loss.

In some impaired-driving cases, punitive damages may also be available. Virginia Code § 8.01-44.5 establishes circumstances under which a person injured or killed by an intoxicated driver may seek punitive damages. The statute includes specific requirements involving factors such as the driver’s blood alcohol concentration, knowledge of impairment, and whether intoxication was a proximate cause of the injury or death. Whether punitive damages are available depends on the evidence and circumstances of the individual case.

Why Legal Representation Matters Early

Evidence in impaired driving cases can be time-sensitive. Blood alcohol test results, toxicology reports, witness accounts, and surveillance footage all need to be properly preserved and documented. Insurance companies often move quickly after serious crashes to gather information and protect their interests. Having an experienced auto accident attorney involved from the beginning of the process ensures that the injured person’s rights are protected and that the full scope of available recovery is pursued.

If you or a loved one was injured or killed in a crash caused by an impaired driver anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has held impaired drivers accountable on behalf of seriously injured Virginians and their families. Contact us today.

Map of the Hampton Roads region in Virginia, where crashes caused by impaired drivers may result in both criminal charges and civil injury claims.