What Virginia Law Says About DUI Crashes and Your Right to Compensation

Drunk and drug-impaired driving remains one of the leading causes of serious and fatal crashes in Virginia. Hampton Roads roadways have seen repeated tragedies connected to impaired drivers — from late-night crashes on Interstate 64 to daytime collisions on busy commercial corridors. When an impaired driver injures or kills someone, Virginia law provides the victim and their family with legal options that go beyond what a criminal prosecution alone can address.

How Virginia Treats Impaired Driving Crashes

Virginia Code § 18.2-266 makes it unlawful to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher, or while under the influence of any drug that impairs the ability to drive safely. A person convicted of DUI in Virginia faces criminal penalties including fines, license suspension, and possible incarceration. When a DUI crash results in serious injury or death, more serious charges — including DUI maiming or DUI manslaughter under Virginia Code §§ 18.2-51.4 and 18.2-36.1 — may apply, carrying felony consequences and significant prison time.

A criminal case and a civil claim serve different purposes. While a criminal prosecution addresses alleged violations of Virginia law, a civil claim may allow an injured person or surviving family members to seek compensation, depending on the circumstances of the crash.

Civil Claims Against Impaired Drivers

If an investigation determines that an impaired driver’s negligence contributed to a crash, an injured person may have the right to pursue a civil claim under Virginia law. The availability of a claim depends on the specific facts and circumstances of the case.

Depending on the circumstances, a civil claim may allow an injured person to seek compensation for medical expenses, lost income, ongoing care needs, and other losses recognized under Virginia law. In some cases, additional damages may also be available based on the specific facts involved.

Wrongful Death Claims When an Impaired Driver Kills Someone

If an impaired driving crash results in a fatality, surviving family members may have legal options under Virginia’s wrongful death laws. A wrongful death claim is a civil matter that is separate from any criminal prosecution and may allow eligible family members to seek compensation, depending on the specific facts and circumstances of the case.

The Role of the Criminal Case

A civil claim can proceed independently of any criminal case. Information developed during a criminal investigation or prosecution may also become relevant in a related civil claim, depending on the circumstances.

Virginia’s contributory negligence rule can significantly affect impaired driving crash claims. The specific facts surrounding how a collision occurred may play an important role in determining whether an injured person can recover compensation under Virginia law.

If you or a loved one was hurt — or if you lost a family member — in a crash involving a drunk or drug-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 represented individuals and families affected by impaired driving crashes throughout Hampton Roads. Contact us today to discuss your situation.

Map of the Hampton Roads region served by Breit Law.