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Fairfax/Manassas Criminal & Personal Injury Blog

While all DUIs can result in serious legal consequences, a driver facing a DUI after a fatal accident has a lot more on the line. If a driver is convicted of driving under the influence after their involvement in a fatal accident, they may face charges of involuntary manslaughter or vehicular homicide. The penalties may include extended jail time, license revocation, fines and the installation of an ignition interlock device in their vehicle when their license is reinstated. In Virginia, a conviction for vehicular homicide while driving under the influence results in a mandatory prison sentence of three years.

A 30-year-old man from Virginia is facing multiple charges including two counts of vehicular homicide, DUI, and accident involving death while not properly licensed. He also received five traffic violations for driving while not properly licensed, reckless driving and other charges.

The man reportedly had a learner's permit from Virginia but was only allowed to drive with an adult passenger. The man apparently was drinking alcohol at a friend's house before getting behind the wheel. At the time of the accident, a tow truck driver was stopped to assist a disabled motorist on the side of the road. The man's van allegedly veered across a fog line and struck two men on the side of the road. Both of the men were killed at the scene. The tow truck had its lights on in the right shoulder lane, but according to a witness, the man was driving erratically and did not move into the left lane, as he was legally required to do.

Police say that blood alcohol testing revealed that the man had a blood alcohol content of .088 percent shortly after the accident, which is above the .08 percent legal limit.

If you are facing DUI charges after a fatal accident, you may benefit from the help of an attorney. An attorney can evaluate whether officers at the scene properly administered testing and had probable cause to arrest. After reviewing your case, an attorney can help come up with a defense strategy.

Source: Lancaster Online, "Man charged with DUI in West Earl Township roadside crash that killed tow truck driver, motorist," Lindsey Blest, Dec. 7, 2017

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