DUI Maiming Defense in Fairfax

A Team of at Least Two Attorneys for Your DUI Maiming Defense

A DUI maiming allegation puts the circumstances of a serious crash, intoxication evidence, and another person’s injuries at issue in one felony case. At Lawrence, Smith & Gardner, we coordinate our response to those issues, drawing on our work in Virginia courts since 1982.

Ronald Smith leads our DUI defense work, regularly lectures on DUI law, and co-authored a continuing legal education textbook on the subject. We assign at least two attorneys and support staff to each case so we can address evidence, court proceedings, and driver’s license matters simultaneously.

Call (703) 382-5840 to discuss a DUI maiming charge in Fairfax and the next steps in your defense.

What Virginia Must Prove Under Code § 18.2-51.4

Conduct sometimes described as vehicular assault may be prosecuted in Virginia as DUI maiming. Under Virginia Code § 18.2-51.4, the Commonwealth must allege that an intoxicated driver unintentionally caused another person’s serious bodily injury through conduct that was gross, wanton, and culpable and showed reckless disregard for human life.

If the injury results in permanent and significant physical impairment, the charge is elevated from a Class 6 felony to a Class 4 felony. This distinguishes DUI maiming from a standard DUI allegation involving a collision but no qualifying injury. Virginia’s DUI arrest, testing, and procedural provisions also apply, with the modifications necessary for this felony charge.

DUI Maiming Penalties & License Consequences

DUI maiming is a Class 6 felony, or a Class 4 felony if the injury results in permanent and significant physical impairment. A conviction can bring criminal penalties and affect a person’s ability to drive.

Virginia law provides for the following potential penalties:

• Incarceration: A Class 6 felony carries one to five years in prison. At the discretion of the court or jury, the punishment may instead be up to 12 months in jail, a fine of up to $2,500, or both. If the injury causes permanent and significant physical impairment, the charge becomes a Class 4 felony, carrying two to ten years in prison and a fine of up to $100,000.
• License Revocation: A conviction under Virginia Code § 18.2-51.4 results in mandatory, indefinite driver’s license revocation under Virginia Code § 46.2-391, with restoration available only by court petition after five years.
• Provisional Driving: A provisional license may be available through a special judicial application. Approval may require installation of an ignition interlock device.

Although they arise from the same allegation, the criminal case and licensing issues require separate attention. We consider both together rather than treating driving privileges as an afterthought.