What are the Consequences of a DUI with a Serious Bodily Injury?

Every state has enacted laws that cover DUI or driving under the influence, also known as DWI or driving while intoxicated. These laws enforce penalties on those individuals arrested for driving with a BAC or blood alcohol level of 0.08% or more. According to Virginia Beach, VA drunk driving accident lawyers such penalties include jail time, monetary fines, as well as temporary suspension of the DUI offender’s driving privileges.

However, these penalties can be greatly enhanced whenever the DUI charge involves serious bodily injury to an individual. In several states, serious bodily injury can result in the DUI being elevated to a felony. In fact, felony charges can entail extremely serious consequences such as longer jail time, permanent revocation of driving privileges, and loss of several personal liberties as well.    

What is “Serious Bodily Injury” or SBI?

Every state has its own definition of SBI or serious bodily injury. Some states use SBH or “serious bodily harm,” and some others as SBI. Generally speaking, the definition of SBI entails the conditions mentioned below:

•  Unconsciousness
• Acute physical pain
• Disfigurement protracted or obvious
• Protracted or permanent impairment of a member or organ of the body
• Injuries that entail significant risk of death (like profuse bleeding)
• Loss of mental faculties

For the most part, serious bodily injury is proved in DUI accident cases via medical documentation. Certain cases may need a medical expert’s testimony in order to substantiate the seriousness of injuries, along with the services of a legal representative.

No one wants to get hit by a drunk driver but since it does happen there has been a website prepared for people in your situation who need legal help. It may not your birthday but here you go: http://drunk-driving-accident.usattorneys.com/virginia/. And you do not have to unwrap it! If you need a Virginia Beach, VA drunk driving accident lawyer - you have to go to that website when you need to find the legal help that can assist you in your pursuit to justice and financial compensation. You cannot just go on some raging warpath - there is a process. This is not Iran or Cuba, America is still somewhat civilized.  

Cases entailing death to another individual can be prosecuted in a different way from DUI cases involving serious bodily injury. If the DUI results in a fatality, it may be tried under DUI vehicular homicide laws, according to Coastal Virginia drunk driving accident attorneys.

Legal Consequences of DUI-SBI Charges

All drunk driving cases involving serious bodily injury are usually treated as a felony DUI charge. As stated before, felonies entail far stricter legal consequences, as compared to the usual misdemeanor charges. This is just like murder which is the worst. Drunk driving accidents rarely constitute murder but allow the point to be made. As explained in the first season of The Wire – murder remains murder – there is not any statute of limitations for this. This is no different than a misdemeanor and a felony, a felony is much worse in comparison.

Virginia Beach, VA drunk driving accident lawyers warn that felony charges can also entail additional punishment and penalties for the defendant. This includes the loss of civic privileges, mandatory counseling and alcohol rehab courses, as well as permanent charges on the individual’s record.

Are there any defenses to DUI Charges?

As is with most drunk driving cases, there are defenses are available even in cases where serious bodily injury is involved.  However, any defense can relieve the defendant of guilt only partly, with some defenses reducing charges instead of removing them entirely.

Some typical DUI defenses:

• Inappropriate DUI testing
• Unlawful traffic stop or arrest
• Inadequate proof for arrest

Need for a DUI Lawyer 

If you happen to face DUI charges, you have the right to defend yourself. Contacting an experienced and aggressive Virginia drunk driving accident lawyer is definitely to your advantage, as he or she can help with your drunk driving case, particularly when the charges involve claims of serious bodily injury.

In the same way, if you are seriously injured in a DUI related accident don’t hesitate to seek legal help to make sure you receive the compensation you rightly deserve and the proper justice.