WV 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 DUI with minor bodily injury (substantial physical pain, illness or any impairment of physical condition), and DUI with serious bodily injury (substantial risk of death, serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ).

The WV DUI statute defines bodily injury and serious bodily injury as:

“Bodily Injury” means injury that causes substantial physical pain, illness or any impairment of physical condition.

 

“Serious Bodily Injury” means 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.

For the State to make a determination if an impaired driver caused bodily injury or serious bodily injury, the prosecution will collect the medical records of everyone injured in the accident. If you were also seriously injured in the incident, the local West VA police department may wait until you are released from a hospital before they arrest you and charge you with DUI with injury. One thing you must do is contact your automobile insurance company immediately and tell them what happened.

DUI with minor bodily injury is a misdemeanor punishable by a minimum mandatory twenty-four (24) hours in jail up to one year, and a mandatory minimum fine of $200.00 up to $1,000.00. A DUI with serious bodily injury is now a felony in the State of West Virginia punishable by not less than two (2) years in the State penitentiary up to ten (10) years, and a mandatory minimum fine of $1,000.00 up to $3,000.00.

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.

If you are facing a WV DUI with injury charge, you must have the best WV DUI lawyer defending you in court. DUI with injury penalties are severe and will be felt for the rest of your life. Call Harley Wagner now at (304) 901-7400. Harley 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. Harley will explain everything.