jail cell DUI

WV Court Names Unborn Child Victim in DUI Crash

West Virginia lawmakers are considering a bill that would designate an unborn fetus as a victim in DUI cases involving death. House Bill 3302, which was introduced last week, would make it a felony to operate a vehicle under the influence of drugs or alcohol and cause the death of an unborn child. If passed, the bill would make West Virginia the first state in the nation to recognize an unborn child as a victim in such cases.

Supporters of the bill say it would help bring justice to families who have lost loved ones due to drunk driving. Opponents argue that it could lead to more charges being filed against women who miscarry after drinking alcohol.

The Case at a Glance

West Virginia House of Delegates recently proposed a bill, HB 3302, that would recognize an unborn fetus as a victim in DUI cases involving death. This legislation is unprecedented considering the state Supreme Court has acted against classifying an unborn baby as a “person” under criminal law. The proposal comes in response to an increase in DUIs resulting in fetal loss or harm.

As DUI-related laws and punishment vary by state, authorities need to ensure that justice is served for victims, both the living and the unborn. Although details surrounding HB 3302 remain unclear, the West Virginia House Delegates' consideration of this bill indicates recognition of fetal suffering within DUI consequences.

If Passed

West Virginia House Bill 3302 seeks to shift the legal perspective regarding a DUI-related death of an unborn child. If the bill is passed, it could mean that anyone found guilty of driving under the influence with direct causation of the death of an unborn child would be charged with vehicular homicide instead of or in addition to DUI charges. It represents a critical step forward in protecting the rights of unborn victims and sets an important precedent for other states considering similar legislation.

Initial Case

West Virginia House Bill 3302 has been proposed in response to a tragic fatal DUI crash that occurred last year, resulting in the death of an expectant mother as well as her unborn child. The bill seeks to extend legal recognition to the unborn infant and designate it as a victim if its mother was killed in a DUI-related collision, providing the family with greater protection and legal recourse. Hundreds of similar cases continue to take place each year in West Virginia, making this new bill an essential step towards guaranteeing justice for victims who, until now, have gone unrecognized.

A New Tool

West Virginia House Bill 3302 proposed criminalizing DUI-related fetal death as a form of homicide, providing prosecutors with another legal tool to confront drunk driving cases. This would be an important step towards reinforcing West Virginia's zero-tolerance stance on intoxicated drivers, sending a strong message that any form of DUI will not be tolerated in the state.

In addition, it is also intended to create more awareness about the seriousness and danger of drinking and driving, making sure everyone understands its repercussions. Finally, this bill could help protect vulnerable pregnant women from being taken advantage of by intoxicated drivers and ensure justice is served in such cases.

Contact a Legal Professional

When you are charged with DUI, it is illegal to operate a motor vehicle with a blood alcohol concentration of .08 or higher, and it can carry serious consequences. With the introduction of West Virginia House Bill 3302, any legal repercussions could be further compounded if you are convicted. To ensure that your rights are protected and that you have the best defense possible, it is highly recommended to seek the help of an experienced attorney who specializes in defending DUI charges.

Contact The Wagner Law Firm for more information.