Car Accident lawyer

Norfolk, Newport News, and Roanoke, Virginia

Drunk Driving Victims

Having a few beers or mixed drinks seems like harmless fun. In bars and restaurants across America, people are carrying out this tradition every day without a second thought. But while it may seem harmless, the effects can be devastating if the drinking person gets in his or her car while intoxicated.

At the least, they’ll probably get a ticket. At the most, some serious jail time, fines and the loss of their driver’s license, not to mention the potential loss of their reputation, job, friends and even family.

But even worse is the potential to injure or kill another innocent driver and their passengers. Many consider the driver’s lack of appreciation for the innocent lives he or she has ruined to be unforgivable.

Drunk Drivers Need to be Punished – Punitive Damages

If you are the victim of an accident caused by a drunk driver, you may be entitled to punitive damages. You will first be compensated for your injuries which include, reimbursement for medical bills, lost wages, physical pain, emotional suffering, permanent injuries, getting your car fixed, and more. You may also be entitled to recover Punitive Damages. Punitive Damages is money that the defendant must pay as punishment for drinking and driving and injuring someone. Punitive Damages is also used to deter other people who choose to drink and drive from getting behind the wheel and injuring someone. Contact the car accident lawyers at Kalfus & Nachman immediately to see if you are entitled to Punitive Damages.

In Virginia, Drunk Drivers Pay the Price

In Virginia, DUI/DWI is a class one misdemeanor criminal offense that carries a possibility of jail time. Virginia DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are terms used interchangeably in Virginia state courts with the following consequences:

  • A first time drunk driving offense is punishable by up to one year in jail and/or up to $2500 in fines. If the driver’s blood alcohol levels are high, mandatory jail time can be imposed, even for a first time offender. Additionally, Section 18.2-270 of the Code of Virginia mandates that the driver must enter an ASAP (Alcohol Safety Action Program) and lose his or her driver’s license upon conviction for a first time offense for one year.
  • Sentences for second and third DWI offenses are more severe. In some cases, the individual’s third DWI offense may be charged as a felony.

New Laws to Protect Us All

Many states have changed their DUI laws as recently as 2004 to better protect U.S. citizens from the negligence and recklessness of drunk drivers. For example:

  • All 50 states have lowered the legal definition of intoxication from .10 to .08 blood alcohol content (BAC).
  • Many states now prevent drunk drivers from collecting damages from insurance companies for property damage or self-injuries if they exceeded the .08 BAC standard, and if their driving actions were than 25% responsible for the accident.
  • Major breweries now face lawsuits for alcohol marketing and advertising that encourages underage drinking
  • In Virginia, new laws punish repeat offenders and individuals who have been drinking above the legal limit. Some of theses major laws include:
    • Mandatory fine of at least $250 for 1st DUI.
    • Mandatory fine of at least $500 for 2nd DUI in 5 years.
    • Mandatory fine of at least $1,000 for 3rd DUI in 5 years.
    • Mandatory 5 day in jail if Blood Alcohol Content (BAC) is .15 or higher.
    • Mandatory 10 days in jail if Blood Alcohol Content (BAC) is .20 or higher.
    • Mandatory 20 days in jail for 2nd DUI in 5 years.
    • Mandatory 6 months in jail for 3rd DUI in 5 years.
    • Your car can be permanently taken from you by the state on your 3rd DUI.

Unfortunately, if someone decides to drink to excess, chances are they will think they are ‘fine’ to drive. That’s where the problem begins. Innocent victims severely injured or killed by a drunk driver must live with the consequences of the driver’s neglect. Drunk driving contributes to 40% of all road fatalities, and it is your right to take advantage of the law and have your day in court.

Thankfully, the experienced auto accident attorneys at Virginia’s Kalfus & Nachman can work closely with you to obtain the compensation and peace of mind you deserve.

For confidential, experienced assistance, please contact Kalfus & Nachman today to schedule your no-cost consultation. “Tell Them You Mean Business." Offering free consultations to those in Norfolk, Hampton, Newport News, Portsmouth, Roanoke, and Virginia Beach, Virginia.