West Virginia DUI with Injury Attorney
What is a DUI with Injury?
In June of 2015, the West Virginia legislature amended 17C-5-2 of the WV Code (a.k.a. the DUI statute) to separate the charge of WV DUI with Injury into two different charges: DUI with minor bodily injury and DUI with serious bodily injury
The WV DUI statute defines bodily injury and serious bodily injury as:
- Bodily injury: An injury that causes substantial physical pain, illness, or any impairment of physical condition
- Serious bodily injury: Bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
If you have been charged with any type of DUI with Injury, you will want to consult with a skilled attorney as soon as possible. West Virginia DUI attorney Harley Wagner has over 22 years of experience to put to work for you. Let Harley fight for you and craft an effective defense strategy on your behalf.
Determining Bodily Injury
To determine whether an impaired driver caused bodily injury or serious bodily injury, the prosecution will collect the medical records of everyone injured in the accident. If the driver was also seriously injured in the incident, the police department may wait until he/she is released from the hospital before they arrest charge the driver with DUI with injury.
What are the Penalties for DUI with Injury?
DUI with minor bodily injury is a misdemeanor punishable by a minimum mandatory 24 hours in jail up to one year, and a mandatory minimum fine of $200 up to $1,000. A DUI with serious bodily injury is now a felony in West Virginia punishable by not less than two years in the state penitentiary and up to 10 years, and a mandatory minimum fine of $1,000 up to $3,000.
If any person suffering a serious bodily injury as a result of an impaired driver dies within one year of the original incident and death is a proximate result of an injury received during the original incident, the driver will face negligent homicide charges.
Consult with The Wagner Law Firm
If you are facing a DUI with injury charge in West Virginia, you need a capable attorney defending you in court. DUI with injury penalties are severe and will be felt for the rest of your life. Harley Wagner has successfully represented clients who were involved in a drunk driving or drugged driving accident where people got hurt.
A drunk driving arrest with injuries can eventually lead to a civil damages case against the impaired driver. What happens in your criminal trial can have a direct impact on your civil trial. Let The Wagner Law Firm help.
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