DUI Manslaughter in Fairfax

Driving under the influence (DUI/DWI) is a serious charge in Virginia, and a conviction carries significant consequences. A DUI/DWI manslaughter charge involves the death of another person; the stakes are far higher.

If you are facing a charge of DUI manslaughter in Fairfax, you have a lot to lose, including your freedom. One of the most important early steps you can take is consulting with an experienced DUI/DWI defense attorney at The Leiva Law Firm.

What Are DUI Manslaughter Charges?

In Virginia, DUI/DWI manslaughter is charged as involuntary manslaughter under Virginia Code § 18.2-36.1. This charge involves unintentionally causing someone else’s death when driving under the influence of either alcohol or drugs. To be convicted of this felony, two elements must apply. First, the accused must have been under the influence of either drugs, alcohol, or both. Second, as a direct result, the accused must have unintentionally caused another person to suffer fatal injuries.

Proving Impairment

When a motorist’s blood alcohol concentration (BAC) reaches 0.08 percent, they are presumed to be under the influence. However, even when a driver’s BAC fails to meet this threshold, impairment may be determined through observation. Factors that may help the prosecutor establish impairment include:

• Slurred speech
• Erratic driving
• Glassy or bloodshot eyes
• Driver’s admission to use of either drugs or alcohol

An accomplished defense attorney can scrutinize any evidence and work to protect your rights.

A Class 5 Felony

It is important to note that you can be charged with both DUI/DWI and DUI/DWI involuntary manslaughter in response to a deadly accident you are accused of causing due to impairment. The charge of DUI/DWI manslaughter in Virginia is generally a Class 5 felony that carries serious penalties. These include:

• Fines of up to $2,500
• A prison sentence of one to 10 years
• Seizure and forfeiture of your vehicle
• Revocation of your driver’s license for an indefinite period

If you are charged with Aggravated Involuntary Manslaughter, you could face a prison sentence of 1 to 20 years.

A Fairfax attorney can help you build your defense if you were accused of DUI/DWI manslaughter.

How a DUI/DWI Manslaughter Defense Lawyer Can Help

If you have been charged with DUI/DWI manslaughter, you are facing very serious legal and social consequences and need focused legal guidance backing you up. A seasoned DUI/DWI manslaughter defense lawyer in Fairfax can handle each of the following critical tasks on your behalf:

• Skillfully guiding you through the criminal justice system
• Ensuring that you understand your legal rights, including your right to remain silent, which is always advised
• Fiercely advocating for the best possible resolution, which ideally means having the charge against you dropped altogether or reduced
• Building a strong defense that addresses all the relevant evidence, including anything that the state or the police may have held back

Your knowledgeable lawyer will take a holistic approach to your case. This includes helping you make the right decisions for you, which may mean taking your case to trial. Working with a skilled DUI/DWI manslaughter defense attorney experienced with successfully litigating challenging cases like yours can increase your chances of obtaining a favorable outcome.

Discuss Your DUI/DWI Manslaughter Case With an Attorney in Fairfax

If you are facing a charge of DUI manslaughter in Fairfax, Manuel Leiva at The Leiva Law Firm is here to help. As a highly experienced DUI/DWI manslaughter defense attorney, he is committed to employing the full force of his impressive legal insight and skill in pursuit of a favorable case resolution for you. Learn more by reaching out online or calling today.