A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.

Attorney's Note

Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 4 felony2 to 10 yearsup to $100,000
Class 6 felonyup to 5 yearsup to $2,500
For details, see Va. Code § 18.2-10 and Va. Code § 18.2-10
Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Virginia Code 18.2-51.4

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230

B. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.

C. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.

D. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 shall apply, mutatis mutandis, upon arrest for a violation of this section.

E. As used in this section, “serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

1997, c. 691; 1999, cc. 945, 987; 2000, cc. 956, 982; 2019, c. 465.