                                 CODE OF VIRGINIA

REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI AND RELATED INCIDENTS
(§ 15.2-1716)

A. Any locality may provide by ordinance that a person convicted of violating
any of the following provisions shall, at the time of sentencing or in a
separate civil action, be liable to the locality or to any responding volunteer
fire company or department or volunteer emergency medical services agency, or
both, for restitution of reasonable expenses incurred by the locality for
responding law enforcement, firefighting, and emergency medical services,
including those incurred by the sheriff&#8217;s office of such locality, or by
any volunteer fire or volunteer emergency medical services agency, or by any
combination of the foregoing, when providing an appropriate emergency response
to any accident or incident related to such violation. The ordinance may further
provide that a person convicted of violating any of the following provisions
shall, at the time of sentencing or in a separate civil action, be liable to the
locality or to any responding volunteer fire or volunteer emergency medical
services agency, or both, for restitution of reasonable expenses incurred by the
locality when issuing any related arrest warrant or summons, including the
expenses incurred by the sheriff&#8217;s office of such locality, or by any
volunteer fire or volunteer emergency medical services agency, or by any
combination of the foregoing:

   1. The provisions of &#xA7; 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1,
   29.1-738, 29.1-738.02, or 46.2-341.24, or a similar ordinance, when such
   operation of a motor vehicle, engine, train or watercraft while so impaired is
   the proximate cause of the accident or incident;

   2. The provisions of Article 7 (&#xA7; 46.2-852 et seq.) of Chapter 8 of Title
   46.2 relating to reckless driving, when such reckless driving is the proximate
   cause of the accident or incident;

   3. The provisions of Article 1 (&#xA7; 46.2-300 et seq.) of Chapter 3 of Title
   46.2 relating to driving without a license or driving with a suspended or
   revoked license; and

   4. The provisions of &#xA7; 46.2-894 relating to improperly leaving the scene
   of an accident.

B. Personal liability under this section for reasonable expenses of an
appropriate emergency response pursuant to subsection A shall not exceed $1,000
in the aggregate for a particular accident, arrest, or incident occurring in
such locality. In determining the &#8220;reasonable expenses,&#8221; a locality
may bill a flat fee of $350 or a minute-by-minute accounting of the actual costs
incurred. As used in this section, &#8220;appropriate emergency response&#8221;
includes all costs of providing law-enforcement, firefighting, and emergency
medical services. The court may order as restitution the reasonable expenses
incurred by the locality for responding law enforcement, firefighting, and
emergency medical services. The provisions of this section shall not preempt or
limit any remedy available to the Commonwealth, to the locality, or to any
volunteer emergency medical services agency to recover the reasonable expenses
of an emergency response to an accident or incident not involving impaired
driving, operation of a vehicle, or other conduct as set forth herein.

HISTORY: 1994, c. 617, § 15.1-132.1; 1995, cc. 683, 685, 830; 1997, cc. 587,
691; 2001, c. 505; 2003, c. 796; 2004, c. 273; 2005, cc. 148, 366; 2006, c. 679;
2009, c. 245; 2010, c. 343; 2015, cc. 502, 503.