## DUI causing injury / death in West Virginia When a West Virginia DUI causes someone else injury or death, the case escalates dramatically — from a misdemeanor / first-offense matter to a serious felony with mandatory prison time. ## Charges based on outcome **Property damage only:** - May be enhanced misdemeanor - Aggravating factor for sentencing - Civil liability separate **Injury to others:** - **Aggravated DUI / DUI with serious bodily injury** — typically felony - **Vehicular assault** in some states - **DUI causing great bodily injury (GBI)** in some - **Reckless driving causing injury** in others **Death of others:** - **Vehicular manslaughter / homicide while DUI** — felony - **DUI manslaughter** in some states - **Intoxication manslaughter** (TX) - **Aggravated DUI causing death** in others - **Murder (rarely)** — second-degree if extreme circumstances **Multiple deaths:** - Multiple counts (one per victim) - Cumulative sentences possible - Significantly higher exposure ## Typical penalties **Aggravated DUI / serious bodily injury:** - Felony classification - Prison time: typically 1-15 years - License revocation: 1-10 years - Fines: $5,000-$25,000+ - Restitution to victims - Mandatory ignition interlock - Probation supervision - Mandatory treatment - Sometimes mandatory minimums **Vehicular manslaughter / DUI homicide:** - Major felony - Prison time: typically 4-15 years (sometimes 25-life) - License revocation: often permanent - Substantial fines - Substantial restitution - Mandatory minimums in most states **${s.name}-specific:** - Specific statutory penalties - ${s.name} sentencing guidelines - Prior DUI enhancements - BAC enhancements (high BAC, drugs) - Aggravating factors (school zones, child passengers) ## Aggravating factors **Sentence enhancements:** - Very high BAC (often 0.15%+ or 0.20%+) - Drug-impaired driving - Combined alcohol + drugs - Prior DUI convictions - Driving on suspended / revoked license - Hit and run + injury - Children in vehicle - Excessive speed - Driving in school zone - Refusing chemical tests - Death of multiple victims - Death of pregnant woman / unborn child - Vulnerable victims (elderly, disabled) ## Implied consent + chemical tests **${s.name} implied consent:** - Driving = consent to chemical testing - After accident with injury, often mandatory testing - Refusal = automatic license consequences - Refusal CAN be used as evidence - Some states: refusal in DUI homicide cases is itself a crime **Birchfield v. North Dakota (2016):** - Warrant required for blood test (sometimes) - Breath test allowed without warrant - Implied consent statutes restricted - Affects many DUI-injury cases ## Investigation differences **Standard DUI:** - Limited investigation - Officer's observations + tests - Quick processing **DUI with injury / death:** - Full accident reconstruction - Forensic investigation - Victim statements - Witness interviews - Medical records (yours + victim's) - Black box / EDR data - Cell phone records - Drug recognition expert (DRE) - Blood draws (often court-ordered) - Toxicology testing **More extensive = more potential defenses (and more prosecution evidence).** ## Defenses **Standard DUI defenses still apply:** - Stop legality (4th Am.) - Field sobriety tests properly administered - Breath / blood test calibration / chain of custody - BAC margin of error - Operator status **Specific to DUI-injury:** - **Causation** — was DUI the cause of injury? - Other vehicle's fault - Mechanical failure - Weather conditions - Victim's actions - **Sober vs impaired** — even drunk drivers don't always cause accidents - **Counter-reconstruction** — alternative explanations - **Comparative fault** — civil but affects criminal evidence - **Intervening cause** — superseding event ## Procedural complexities **Multiple charges typically:** - DUI (separate count) - Vehicular assault / manslaughter (main charge) - Reckless / wanton conduct (alternative) - Hit and run (if applicable) - Driving on suspended (if applicable) - Each carries own penalty **Plea negotiations:** - More complex than standard DUI - Single offense may resolve multiple - Sentence agreements often - Restitution provisions - Mandatory minimums limit options ## Civil liability **Concurrent civil case usually:** - Victims (or families) sue - Personal-injury attorneys - Insurance limits often inadequate - Personal assets at risk - Bankruptcy doesn't discharge DUI-injury debts **Insurance coverage:** - Auto liability often pays (despite DUI) - Some states / policies exclude criminal acts - Umbrella policies sometimes apply - Excess liability = personal exposure ## Long-term consequences **Beyond prison:** - Permanent felony record - Cannot vote (in some states) - Cannot possess firearms (federal felony if state felony) - Loss of professional licenses - Loss of employment - Immigration consequences (LPRs / non-citizens) - Civil judgments + collection - Insurance impossible / very expensive - Personal + family devastation ## Special situations **Underage DUI causing injury:** - Adult court typically (not juvenile) - Lifelong consequences for young people **Out-of-state defendants:** - Extradition issues - Travel restrictions - Multi-state coordination **Commercial drivers (CDL):** - Career-ending typically - See CDL DUI guide **Repeat offenders:** - Massively enhanced penalties - 25-to-life possible - Three-strikes consequences ## What you should do If you've been charged with DUI causing injury or death in West Virginia: hire an experienced criminal defense attorney IMMEDIATELY. These cases are NOT standard DUI work — many DUI attorneys are inadequate. Look for someone with felony DUI / vehicular homicide experience. Most West Virginia attorneys offer free consultations. Cooperate with attorney + STOP TALKING to police. Investigation results = most powerful evidence. Don't speak with insurance company until counsel. --- *This guide is general information about West Virginia law as of mid-2026 and is not legal advice. DUI-injury cases are life-altering. Talk to a licensed West Virginia criminal defense attorney with felony DUI experience immediately.*