Skip to Content
Lawrence, Smith & Gardner Lawrence, Smith & Gardner
Call Us For A Free Consultation 703-382-5840
Top

A Primer On DUI Maiming Charges In Virginia

Virginia is known for having some of the toughest DUI/DWI laws in the country, and that hard-nosed stance extends to those who are involved in injury-causing accidents while they are driving under the influence. The law refers to the offense colloquially as “DUI maiming,” and while it doesn’t get much public attention, it is still one of the most serious alcohol-related offenses, and a conviction will come with harsh, long-term consequences.

The Womick case

A recent high-profile case involving a DUI maiming has thrust the issue back into the spotlight. The case centered around a 2011 car accident that resulted in critical injuries for a then 15-year-old girl and a number of charges – DUI maiming among them – against her then 19-year-old boyfriend. The young girl was left with lasting physical scars and personality changes after the accident. The driver, Carter Womick, recently received a sentence of two years and three months combined for three charges, including maiming while driving under the influence, underage possession of alcohol and an unrelated marijuana possession charge.

The law

The prohibition of DUI maiming is codified into law in Title 18.2, § Section 51.4 of the Code of Virginia. That provision states that anyone driving under the influence of alcohol in such a dangerous way as to be showing a “reckless disregard for human life” that results in the serious, permanent and significantly disabling “bodily injury of another person” will face a Class 6 felony charge. This means a permanent criminal record and serious penalties, including:

  • Possible jail time from one to five years
  • Fines up to $2500

Furthermore, DUI maiming brings along with it a mandatory license revocation that can last up to three years. It is possible that a provisional license could be granted, but a special application must be made to have a judge consider the issues. In addition, a provisional license might be contingent upon the installation and maintenance of an ignition interlock device that will require a driver to take – and pass – a breath-based alcohol content test before the vehicle will start.

Fighting charges

Anyone facing charges of “maiming, etc., of another resulting from driving while intoxicated” is facing an uphill battle. This serious charge brings with it penalties far more serious than the average, first-time DUI or underage possession offense carries. If you or a loved one has been charged with DUI maiming, consult an experienced DUI defense attorney in your area to learn more about your legal rights and to get started on mounting an aggressive defense.

Hear From Our Happy Clients

At Lawrence, Smith & Gardner, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “I am forever grateful for your help!”
    Dear Mr. Brillantine and Mr. Smith,
    Thank you so much for your time and effort in the past several weeks. I am forever grateful for your help! Thank you.
    - Previous Client
    “The efficient way you and your staff handled my case, resulted in less anxiety for me.”
    Dear Mr. Smith,
    I just wanted to drop you a note to express my thanks and appreciation for your professional and courteous help and service. The efficient way you and your staff handled my case, resulted in less anxiety for me.
    - Previous Client
    “We appreciate the courtesy and professionalism of your wonderful staff.”
    Dear Mr. Smith,
    We just want to thank you for all your help in our son’s recent traffic case. Things were looking extremely bleak. However, thanks to your knowledge of the law, persistence, ability to talk to people, hard work and grace … What a relief it has been. We also appreciate the courtesy and professionalism of your wonderful staff.
    - Previous Client
    “Thank you for making it possible for me to continue with my life.”
    Dear Ron,
    I am consumed with awe for your legal maneuvering to assist me in court yesterday. Thank you for making it possible for me to continue with my life.
    - Previous Client
    “I appreciate the courtesy and professionalism.”
    To Ron Smith,
    I just wanted to extend my gratitude to you for representing me earlier this month when I went back to court to obtain my restricted license. I appreciate the courtesy and professionalism from you and your staff and under no circumstances hope to ever need your services for a serious matter like that again.
    - Previous Client
    “Thanks for that usually elusive gift … a second chance.”
    Dear Mr. Smith,
    Thank you for all your help. Please extend my thanks also to Martin for his patient support of an incoherent client, as well as to Lisa for her many phone calls. Thanks for that usually elusive gift … a second chance.
    - Previous Client
    “Thanks again Ron you ROCK!”
    Ron,
    I can’t thank you enough for everything. If it weren’t for you I would be in a world of hurt today. I owe you so many thanks. If you ever need anything!! Please pass along all my thanks to your staff and co-workers. Please let Lisa I’m so sorry you missed her lunch too. Thanks again Ron you ROCK!
    - Previous Client
    “I can look back on this experience as a valuable lesson and continue on with my life.”
    Dear Mr. Smith,
    I wanted to tell you how grateful I am for your help with my recent difficult situation. I was amazed at your skill and knowledge of the court system, and appreciative of your insight in these matters. I can look back on this experience as a valuable lesson and continue on with my life. Thank you for giving me that opportunity.
    - Previous Client

What Sets Us Apart

  • An Accessible Team With Direct Communication
  • Free Initial Consultations for All Clients
  • Numerous Positive Reviews from Our Clients
  • A Diligent Approach to Each Case
  • More Than 40 Years Serving Our Community
We Are Here to Protect You
With over 40 years spent serving our community, we have earned a reputation for fighting tirelessly for our clients.
Schedule Your Free Consultation