Vehicular Manslaughter

Vehicular manslaughter" (also called "Involuntary manslaughter" and "vehicular homicide")

Vehicular manslaughter is a serious criminal offense and it is complex and requires specific knowledge and experience.  Our attorneys, Stephen P. Pfeiffer and Mark A. Andrews, possess the necessary training, knowledge, and experience to assist you. Steve and Mark have jointly represented numerous individuals charged with vehicular manslaughter that resulted in successful outcomes for their clients. They accept representation on these matters anywhere in Virginia.

Stephen P. Pfeiffer and Mark A. Andrews are NHTSA-Certified in Standardized Field Sobriety Testing (SFSTs) and Advanced Roadside Impaired Driving Enforcement (ARIDE) and they know how to use their extensive knowledge to turn the tables on the prosecution.

What is DUI Related Involuntary Manslaughter (§18.2-36.1) in Virginia?

In Virginia, a person can be convicted of "Vehicular manslaughter" (also called "Involuntary manslaughter" and "vehicular homicide") if they were:

• driving, or operating a watercraft or motorboat, under the influence of alcohol and/or drugs (“in violation of clause (ii), (iii), or (iv) of § 2-266). AND
• unintentionally caused the death of another person.

What is the Difference Between DUI Related Involuntary Manslaughter (§18.2-36.1) and Involuntary Manslaughter (§18.2-36) in Virginia?

The elements required to prove DUI related involuntary manslaughter under Virginia Code §18.2-36.1 are:

• driving, or operating a watercraft or motorboat, under the influence of alcohol and/or drugs (“in violation of clause (ii), (iii), or (iv) of § 2-266). AND
• unintentionally caused the death of another person.

In contrast, involuntary manslaughter under Virginia Code §18.2-36 only requires proof of criminally negligent behavior. Examples of criminally negligent behavior include:  Reckless Driving, Racing, and Texting while Driving.

How is involuntary manslaughter punished?

Involuntary manslaughter is punishable as a Class 5 felony. The authorized punishments for conviction of a Class 5 felony are a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

However, if, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

What are the consequences to my driver’s license?

The driver's license of any person convicted under either section of §18.2-36.1(Vehicular Manslaughter) shall be revoked. The person may petition the Court for restoration of his privilege to drive a motor vehicle in the Commonwealth after the expiration of five years from the date of his last conviction. The person may petition the court for a restricted license after the expiration of three years from the date of his last conviction. The DMV will assess 6 demerit points the person’s Virginia driving record.