If another motorist or passenger or pedestrian dies as a result of the acts of a driver having a blood alcohol level (BAC) in excess of 0.08, Virginia law provides that the person can be charged with involuntary manslaughter.

Involuntary manslaughter is a Class 5 felony, punishable by imprisonment of not less than 1 nor more than 10 years.

However, if the conduct of the defendant was "so gross, wanton and culpable as to show a reckless disregard for human life," he can be found guilty of aggravated involuntary manslaughter, a felony punishable by term of imprisonment of not less than one nor more than 20 years. If convicted of aggravated involuntary manslaughter, one year in prison is a mandatory minimum sentence.

Because the punishment is so severe, it is crucial that a person charged with involuntary manslaughter or aggreavated involuntary manslaughter be defended by a Virginia attorney who knows how to defend such charges and has experience with them. If you or a loved one have further questions about this or any other criminal law or issue, please contact us by e-mail or telephone to schedule a free initial consultation.