                                 CODE OF VIRGINIA

PUNITIVE DAMAGES FOR PERSONS INJURED BY INTOXICATED DRIVERS (§ 8.01-44.5)

In any action for personal injury or death arising from the operation of a motor
vehicle, engine or train, the finder of fact may, in its discretion, award
punitive damages to the plaintiff if the evidence proves that the defendant
acted with malice toward the plaintiff or the defendant&#8217;s conduct was so
willful or wanton as to show a conscious disregard for the rights of others.
		A defendant&#8217;s conduct shall be deemed sufficiently willful or wanton as
to show a conscious disregard for the rights of others when the evidence proves
that (i) when the incident causing the injury or death occurred, the defendant
had a blood alcohol concentration of 0.15 percent or more by weight by volume or
0.15 grams or more per 210 liters of breath; (ii) at the time the defendant
began drinking alcohol, or during the time he was drinking alcohol, he knew or
should have known that his ability to operate a motor vehicle, engine or train
would be impaired, or when he was operating a motor vehicle he knew or should
have known that his ability to operate a motor vehicle was impaired; and (iii)
the defendant&#8217;s intoxication was a proximate cause of the injury to or
death of the plaintiff. For the purposes of clause (i), it shall be rebuttably
presumed that the blood alcohol concentration at the time of the incident
causing injury or death was at least as high as the test result as shown in a
certificate issued pursuant to § 18.2-268.9, in a certificate of analysis for a
blood test administered pursuant to § 18.2-268.7, provided that the test was
administered in accordance with the provisions of §§ 18.2-268.1 through
18.2-268.12, or in a certificate of analysis for a test performed by the
Department of Forensic Science on whole blood drawn pursuant to a search
warrant, provided that the test was administered in accordance with the
provisions of §§ 18.2-268.5, 18.2-268.6, and 18.2-268.7. In addition to any
other forms of proof, a party may submit a copy of a certificate issued pursuant
to § 18.2-268.9, a certificate of analysis for a blood test administered
pursuant to § 18.2-268.7, or a certificate of analysis for a test performed by
the Department of Forensic Science on whole blood drawn pursuant to a search
warrant, which shall be prima facie evidence of the facts contained therein and
compliance with the applicable provisions of §§ 18.2-268.1 through
18.2-268.12. For the purposes of clause (ii), it shall be rebuttably presumed
that the defendant who has consumed alcohol knew or should have known that his
ability to operate a motor vehicle, engine, or train was or would be impaired by
such consumption of alcohol.
		However, when a defendant has unreasonably refused to submit to a test of his
blood alcohol content as required by § 18.2-268.2, a defendant&#8217;s conduct
shall be deemed sufficiently willful or wanton as to show a conscious disregard
for the rights of others when the evidence proves that (a) when the incident
causing the injury or death occurred the defendant was intoxicated, which may be
established by evidence concerning the conduct or condition of the defendant;
(b) at the time the defendant began drinking alcohol, during the time he was
drinking alcohol, or when he was operating a motor vehicle, he knew or should
have known that his ability to operate a motor vehicle was impaired; and (c) the
defendant&#8217;s intoxication was a proximate cause of the injury to the
plaintiff or death of the plaintiff&#8217;s decedent. In addition to any other
forms of proof, a party may submit a certified copy of a court&#8217;s
determination of unreasonable refusal pursuant to § 18.2-268.3, which shall be
prima facie evidence that the defendant unreasonably refused to submit to the
test. For the purposes of clause (b), it shall be rebuttably presumed that the
defendant who has consumed alcohol knew or should have known that his ability to
operate a motor vehicle, engine, or train was or would be impaired by such
consumption of alcohol.
		Evidence of similar conduct by the same defendant subsequent to the date of
the personal injury or death arising from the operation of a motor vehicle,
engine, or train shall be admissible at trial for consideration by the jury or
other finder of fact for the limited purpose of determining what amount of
punitive damages may be appropriate to deter the defendant and others from
similar future action.

HISTORY: 1994, c. 570; 1998, c. 722; 1999, c. 324; 2002, c. 879; 2013, c. 636;
2015, c. 710; 2016, cc. 510, 624; 2017, cc. 623, 671.