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§ 18.2-51.4 Maiming, etc., of another resulting from driving while intoxicated

A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.

B. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.

C. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.

D. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 shall apply, mutatis mutandis, upon arrest for a violation of this section.

E. As used in this section, “serious bodily injury” means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

History

This law was first created in 1997. The record of its establishment is cataloged in chapter 691 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1999, chapters 945 and 987; in 2000, chapters 956 and 982; in 2019, chapter 465.

1997, c. 691; 1999, cc. 945, 987; 2000, cc. 956, 982; 2019, c. 465.

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