The stars, planets, and my schedule, aligned this month and I was able to once again shoot the monthly IDPA match at Sanner's Lake in Lexington Park, MD. It was March 2020 when I last attended this fun match. I headed out before dawn to meet my travel companions on a pleasant, warm November morning with much anticipation.
The last stage we shot was the most complex of the morning, with numerous shooting positions and targets hidden among the props. And as fate would have it, I was to be the first shooter. Starting with hands on the center barrel, the first two targets were found to the right. Moving left and slightly forward, several targets were visible. We then progressed down the center "hallway."

The number of applications for a concealed handgun permit in Virginia has increased significantly in the last few years.

The vast majority of applicants—nearly 90%—receive their permit within 45 days. The 10% or so who receive a denial notice have the right to appeal.

If you are in the process of applying for your concealed carry permit for the first time, renewing it, or if the court denied your application—you need a strong advocate fighting to protect your right to defend yourself and your family.

At Andrew Flusche, Attorney at Law, PLC, we have years of experience successfully protecting our clients’ rights and privileges.

As renowned lawyers in our community, our reputation for honesty and integrity can give you the edge you need to appeal the denial of your concealed handgun permit application successfully.

How to Apply for a Concealed Handgun Permit in Virginia

You can find the Virginia concealed carry application online.

According to the procedure for applying for a concealed permit, first-time applicants must file their application in person with the circuit court clerk having jurisdiction over the person’s residence.

Applicants must be 21 years of age or older, have no disqualifying factors in their history, provide proof that they completed a concealed carry permit in VA class, and demonstrate competency with a firearm.

You must pay the statutory fees as well. The statutory fees include the following:

• A $10 fee to the court to process and issue a concealed handgun permit;
• A $35 maximum fee to local law enforcement to conduct a background check; and
• A $5 fee to the State Police to process your application. 

The total fee cannot exceed $50. You can pay by any method of payment accepted by the court. Virginia law exempts certain retirees, like police officers, from paying the statutory fees when reapplying.

The court has 45 days to review, process, and issue your permit unless the court rules you are disqualified by law. However, the court will issue a 45-day de facto permit if the court does not issue a full permit.

The de facto permit is valid for 90 days unless the court denies your application. You must surrender the permit if the court denies your application after issuing a de facto certification.

You can call the court to check the status of your concealed carry weapons permit in Virginia.

Concealed Carry Permit Renewal

Concealed carry permits are valid for five years from the issuance date unless an event requires the court to revoke your permit.

Virginia law allows you to apply to renew your concealed handgun permit up to 180 days before your permit expires. You cannot renew a concealed carry permit in VA online.

Unlike first-time applicants, you can send your application to the court and do not have to appear personally to file your VA concealed carry permit renewal application.

The payment for fees must accompany your application. The court clerk must warn you if there is a problem with your application or fee payment. 

What Can You Do if the Court Denies Your Application?

Virginia’s concealed carry permit law contains a number of reasons that could disqualify an applicant.

However, you have the right to appeal an adverse decision within 21 days. You might wonder if you can handle the appeals process without hiring an attorney.

You have the right to represent yourself; however, appealing the denial of a concealed carry permit is a technical legal matter. You have to present information according to the rules of evidence.

You have a high likelihood of losing your appeal if you do not understand the procedure for admitting evidence in court.

It is wise to make the most out of your one chance to appeal by securing competent legal representation to represent you.

Need Help Applying for a Concealed Handgun Permit in Virginia?

Hiring a law firm that does not practice in your area can hamper your efforts to win your appeal.

Local lawyers know the local legal landscape, and that gives you a strong advantage when pursuing your appeal.

In Fredericksburg and beyond, my law partner and I have cultivated reputations as knowledgeable and forceful advocates for our clients.

Call Andrew Flusche, Attorney at Law, PLC, today at 540-318-5824 for round-the-clock assistance. 

The post How to Get a Concealed Handgun Permit in Virginia appeared first on Andrew Flusche.

Last month we enjoyed seven day cruise on the Danube River that included ports of call in Germany, Austria, Slovakia, and Hungary. It was an amazing experience with beautiful sights, amazing food, and fun people. The conversations with people who lived much their lives under Communist rule were enlightening, and refreshing compared to the naiveté spouted by the left here at home. I knew setting out the schedule would be hectic, and I wasn't sure about the opportunity to enjoy cigars along the way. I did pack plenty, just in case

I did manage to find time to relax with a cigar on several occasions, usually in the evening after dinner. Nights on the sundeck were cool, breezy, and dark due to low lighting. Sort of like my deck at home in the fall. One afternoon we elected to stay onboard and relax rather than tour, so I immediately retired to the top deck and enjoyed the beautiful view and a fine cigar. 

All the cool kids are publishing beginner’s guides to Mastodon, so here is mine. I dashed this off over a cup of tea in the morning. There are likely errors. Please use the email link at the bottom of the post to point them out, and I’ll update the post.

WTF is Mastodon?

Mastodon is software that provides a Twitter-like microblogging experience. It differs from Twitter is several key ways.

1. It’s open source software (like Android, Firefox, Thunderbird, and most server software running the Internet. That means there isn’t just one place to use Mastodon, there are thousands, as anybody can fire up a Mastodon server.
2. It’s federated, meaning all those individual Mastodon servers mentioned in #1 above talk to each other, just like your Hotmail address can communicate with your friend's Gmail address or my ODonnellweb.com address. Which server a user is on doesn’t really matter, you can follow, reply, DM each other regardless of which server you use. Again, think email, not Twitter for this particular point.
3. Because they are separate servers, they can all have their own rules. The server I use has strictly enforced rules prohibiting trolling, abuse, harassment, spam and is explicitly welcoming to people of all races, genders, orientations, etc. I’ve literally never seen anything on the site that bothers me. Trying saying that about your Twitter feed.
4. This also means each server and each user decides what other servers it communicates with. So there is an exception to #2 above. If Elon Musk sets up a Muskboys Mastodon server after he kills Twitter, and 200,000 racist, misogynist basement dwellers join it, you can block the entire server with just one click. You probably won’t need to, though, as your server admin can also do the same at the server level.
5. I lied above, your server may not matter from a technical standpoint, but if somebody from the Muskfanboys instance follows me I’m blocking the entire server immediately.
6. The individuality above means the user experience on Mastodon is slightly different than Twitter. You have three feeds on Mastodon.
   1. Home - which is the people you follow.
   2. Local - Everybody on your particular instance
   3. Federated - The Masto universe, minus all the stuff your server might be blocking. The Federated feed is exactly what you are thinking a generally unmoderated feed of Internet content might be. Explore at your own risk.

Is it free like Twitter?

Twitter is not free. You are paying with your privacy, and your soul. You are the product on Twitter. The customers are the advertisers. One reason Twitter was never as big as Facebook or Instagram is that Twitter was never as good at matching ads to users as the other services were. Somebody is paying for the server time to run Masto servers. The developer runs a non-profit to help buy groceries, pay rent, hire programming help, etc. Individual Masto servers may be hobbies funded out of the pocket of the owner, or cooperative efforts with users donating to help cover costs. If Masto continues to grow, I expect we’ll see more blatantly commercial instances pop up, but today it’s all still a very homegrown feeling.

Is Masto full of guys who eat Soylent and are mad that their wives won't switch to Linux.?

Yep, as was Twitter when it started, email when it first became a thing, websites when they were first built, etc. The nerds are always the early adopters online. The nerd ratio has fallen dramatically in the last week, though. The beauty of Mastro though is that you can find (or start) an instance focused on whatever you are interested in, and your local feed will mostly be that stuff as you add relevant people to the instance. Instances are kind of, sort of, like Geocities neighborhoods, but much more granular and not limited to the handful of options Yahoo gave you. It’s tech heavy today, but that is changing quickly. I saw an instance yesterday titled “heavyrock.” When the metal heads show up, you know it’s getting mainstream ?

What is this “instance” you mentioned above?

Every server is an instance of Mastodon, and can talk to other instances, as I mentioned above. This means a deranged billionaire can’t buy Mastodon and ruin it overnight. A really cool thing is that Mastodon runs on a protocol called ActivityPub (getting nerdy here.) Other things such as blogs and photo sharing sites also run ActivityPub. This means you can literally follow your friend's photo sharing posts on PixelFed (think Instagram) from your Mastodon account. You don’t even need a Pixelfed account to keep up with your friends photos there, since it speaks the same language as Mastodon. Try that with Instagram!

Mastodon isn’t as stable as Twitter.

LOL. You weren’t on Twitter in 2008, were you? Google ‘Fail Whale” and get back to me. Also, Musk just fired ½ the Twitter staff. It’s likely to get unstable again real quick, or maybe not if usage continues to scale down as fast as the employee head count. Also, the fact your Masto server is down tells you nothing about the thousands of other servers. They’ll be operating normally.

Is Mastodon better than Twitter?

Mastodon is different from Twitter. Better is a value judgment you need to make for yourself. The developer of Mastodon made some very specific decisions when he built Mastodon to try and curb the worst excesses of Twitter. I think they work and make Mastodon a generally better place. Some of those differences are explained very well here. Because there is no algorithm, your Mastodon experience is really up to you.

My feed is empty, this sucks.

There is no algorithm feeding you crap you don’t want to see on Mastodon. When you initially create your account, you are not following anybody. Check out the local feed of your instance, they’ll be stuff there. Follow me, I’m at https://fosstodon.org/web/@chrisod. Follow the same people somebody you like follows. The more people you follow, the more you'll see in your feed.

Facebook and Twitter have trained us to consume whatever crap they put in our feeds. That is bad. When you created a blog in 2002 you started with zero readers. It took some effort to get people to read your blog. When you got your first email address, interesting emails did not just start coming into your inbox. You had to find your friends that had email addresses, subscribe to newsletters, or whatever. Make an effort and you’ll be rewarded. Or don’t and abandon your new mastodon account immediately. It doesn’t really matter to me either way.

Do you have a step-by-step guide to building my personal brand on Mastodon?

With no algorithm to game, there is exactly one way to build your following on Mastodon. You have to post interesting stuff that causes people to follow you. That’s it. But I do hear LinkedIn is good for personal branding, you should check it out.

This seems hard

It’s different, not hard. I ran a tech blog for parents for a short while, back in the heyday of blogging. People were really confused by Facebook and Twitter back then. Give it some time, and you’ll figure it out. Or just stay on Twitter and Facebook. Nobody needs a Mastodon account. It’s entirely optional.

Maybe I shouldn’t type this out loud, but I’m 15 days from surviving my 54th year. As my father and my mother-in-law both died at 54, it’s a year that has sort of been foreboding for a long time. Overall, it’s been a good year, full of travel and a return to near normalcy after 2 years of living in a pandemic.

Yes, I know COVID is still around. I have all 5 shots I can get for it. The point of vaccinations is to allow us to live our life with potentially deadly viruses and bacteria running wild in the world. None of us know what is coming tomorrow. Every time you get in a car, you risk death. At some point, you decide you’ve done all that you can do, and you take your chances at the rock and roll show.

Which is exactly what we did last weekend. We drove to Raleigh for the Butch Walker concert, where my buddy Mark and his wife Kelly graciously put us up for the night. I should have tried harder to talk him into attending the show with us, though. Butch was absolutely on fire. I don’t think he is capable of putting on a bad show, but last weekend, my 4th Butch Walker show, was turned all the way up to 11. It was clear Butch, and the 400 or so fans packed into the Lincoln Theater, had been suffering without loud and sweaty rock and roll shows.

There are few places left in the public sphere where young and old, liberal and conservative, boy and girl, can all commune together without the stupidity of today’s world getting in the way. The audience ranged from gray beards, to young parents introducing their preteens to the church of rock and roll, to twenty somethings, to one goth girl that may have been at the wrong theater. And what an introduction it was. The entire audience singing and dancing as one, not giving a shit what anybody thought or believed, beyond a common understanding that Butch Walker fucking rocks.

I didn’t realize how much I missed that. We’ve been to a couple of alt-county shows since COVID, but that is a very different vibe. Really, 95% of concerts I’ll ever attend have a different vibe than a Butch Walker show. He is the only artist I’ve seen where the audience knows every word to every song, and sings along enthusiastically the entire show. He was drawing requests out of a bucket and needed the audience to prompt him on some of his older, obscure stuff that he hasn’t played live in years. And that’s okay, because a loud and sweaty rock and roll show ain’t going to be perfect. It shouldn’t be perfect.

Here are a few links to videos from the show, if you are not familiar with Butch.

Hot Girls in a Good Mood

Cigarette Lighter Love Song Acoustic

Stay Gold

We have tickets for another show next weekend - a local 80s tribute band that is loads of run. Watch this space for a photo of us digging deep into our closets for period appropriate attire.

 

After a little over a month "off" from any matches, I made it to the October match at the Cavalier Rifle and Pistol Club on Montpelier. The morning was cool, and I grabbed a pair of light gloves on the way out the door. I was thankful I did, though the sun eventually warmed the air by mid-match. 

With summer travel keeping many folks away over the past few months, this match seemed like a reunion of sorts, with the "full crew" of regulars on hand. It was good to catch up. As I often say, a match is a social event interrupted by occasional gunfire! :-)

The first stage the squad shot had us seated to start, with the loaded gun on the table. After engaging targets in the open to either side, we left the chair to move through the course of fire. First to the left, then crossing back to the right to engage targets from several points of cover.

Next up was a simple, two string stage shot standing in one spot. The first string required two hits to the body and one head shot on the close target, followed by two body shots on the far targets. The second string was two head shots to each of the two back targets. A quick stage that our squad of 18(!) shooters finished quickly.

Our third stage of the morning began with us facing uprange. There were target options to either side of the wall behind us. The right target could be shot from the starting position, at a moderate distance, or we could move down range in a winding path, around a wall and barrel, to engage it from a closer distance. Most chose to add the extra steps to close the distance, while others chose the longer shot and shorter path. I elected the former. After those targets were sorted, we moved to other points of cover to finish the stage. Despite the longer path, this was my next to best stage.

I recently received an email from a reader making note of my absence from posting. My web browser landing pages set to these Musings, so I am constantly made well-aware of the stale post. Rest assured reader, I am still here. The break has been by design due to a busy schedule, and a lack of inspiration. 

For those wondering, the shooting, cigar, beer, whiskey, and travel activities have not ceased. To illustrate, since my last post on April 10, 2022, I've actually participated in 10 local monthly IDPA matches. I do plan to go back to some match write-ups in the future as an expansion of the brief notes I make for my own benefit.

There have been some 42 different cigars enjoyed in that time too. I opted to not take notes, even for the new or limited releases. Many of those cigars were obviously enjoyed with good bourbon or craft beer. This is a good place to mention that many of those smokes, and other subjects, are illustrated on my Instagram feed.

Speaking of whiskey, my spreadsheet shows I've added 26 whiskeys, mostly bourbons, to my stock since April. That number shocks me a bit -- hopefully my wife isn't reading this. Although she is well aware of the new shelf in the dining room. There are still half a dozen I need to open.

The above statements reveal my OCD, or nerd factor, around the logging and journaling I do across my interests. 

Speaking of travel, we've been to Montana, and to Central Europe for a great Danube River cruise. And, once fall arrived, Hokies football has added several weekend trips to the schedule. 

Wait, I forget where I was going with all this.

Chat soon!. . . 

Virginia has some of the strictest drunk driving laws in the country, especially following a DUI accident where someone was injured.

Drivers arrested under Virginia’s driving under the influence (DUI) or driving while intoxicated (DWI) statutes may face severe civil and criminal penalties.

Incidentally, Virginia is one of the safest states in the nation as it pertains to accidents involving drunk or impaired drivers.

While the community has a valid interest in protecting drivers, passengers, and pedestrians, that does not take away from a person’s fundamental right to defend themselves in the face of Virginia DWI maiming charges, one of the most serious offenses under Virginia law.

In light of the state’s strict penalties, those facing Virginia DWI maiming or similar charges should consult with an attorney to understand their rights and defenses.

At Andrew Flusche, Attorney at Law, PLC, we proudly represent drivers who are facing DUI maiming charges in Virginia. Since 2008, we’ve stood beside our clients, aggressively defending their rights and seeking the best results possible.  

Legal Alcohol Limit for Operating a Vehicle in Virginia

In Virginia, law enforcement can arrest drivers for DUI if the driver has a blood alcohol concentration (BAC) of 0.08% or higher.

However, it is essential to note that one can be charged with DWI in Virginia even if their BAC is below 0.08%.

Similarly, although marijuana is legalized for recreational use in Virginia, it is still unlawful to operate a motor vehicle while under the influence of marijuana to the degree that impairs the person’s ability to drive or operate a motor vehicle safely.

Virginia’s DWI Maiming Statute

Driving under the influence or while intoxicated in Virginia can result in misdemeanor or felony charges.

Felony DWI charges occur when the driver receives a third or subsequent conviction within ten years, a DWI resulting in death, or a DWI resulting in serious bodily injury- also known as DWI maiming.

Under the Code of Virginia §18.2-51.4, a person could face DWI maiming charges in cases where they drive under the influence in a manner that is so reckless that they cause serious injury to another person that results in permanent and significant physical impairment.

What Must Prosecutors Prove in a DWI Maiming Case

To convict you under the DWI maiming statute in Virginia, the Commonwealth must prove the following elements beyond a reasonable doubt:

• You were driving,
• You were intoxicated,
• You exhibited a reckless disregard for human life, and
• You caused serious bodily injury to another.

While there are just four elements to a DUI maiming offense, there are many potential defenses. As with all criminal cases, the Commonwealth must prove each of the elements listed beyond a reasonable doubt.

Thus, if your DUI defense attorney can raise a reasonable doubt as to even just one element—a judge or jury should not convict you of the crime.

Penalties in Virginia for DWI Maiming

Virginia law provides that DUI maiming is either a Class 4 or a Class 6 felony. If the alleged victim suffers a serious bodily injury, the offense is a Class 6 felony, punishable by up to five years in prison.

However, if the alleged victim suffered serious bodily injury resulting in permanent and significant physical impairment, the offense is a Class 4 felony, punishable by up to 10 years in prison.  

Defenses Involving the Elements of a DWI Maiming Charge

One of the most successful ways to defend against DWI maiming is to challenge the prosecution’s evidence, arguing that it is insufficient as it pertains to one or more elements.

Thus, as a starting place, we will review the various defenses to DWI maiming charges that relate to the elements of the offense.

The “Driving” Element

The prosecution needs to prove that you were driving (or more precisely, “operating” the vehicle) to convict you of any DUI offense.

While this is typically not a defense in routine DUI stops (because the arresting officer observed the driver behind the wheel), it comes up regularly in DWI maiming cases.

This is because DUI maiming almost always involves an accident where occupants are outside of their cars by the time officers arrive on the scene. 

However, if it is your car or there is no evidence that others were present, arguing that you weren’t driving could be an uphill battle. But remember, it’s the Commonwealth’s job to prove you were driving.

It is not your burden to prove that you were not driving. So if the prosecution’s evidence does not prove you were driving beyond a reasonable doubt, the jury should find you not guilty.

The “Intoxication” Element

In DWI maiming cases, the Commonwealth must prove that the driver was operating their vehicle under the influence under Va. Code §18.2-266.

Common evidence prosecutors use to meet this element includes blood tests or breath tests.

Of course, not all DWU maiming cases involve chemical test evidence, so prosecutors may present evidence of erratic driving, admissions, and results of field sobriety tests to establish culpability.

However, an experienced defense attorney can refute this evidence by either challenging the breath or blood test results or providing an innocent explanation for what may otherwise appear to be signs of impairment.

For example, if the officer uses red eyes as an indication of intoxication, your lawyer could argue that you were not intoxicated but suffered from allergies.

The “Reckless Disregard for Human Life” Element

Next, prosecutors pursuing DWI maiming charges must prove that the driver’s conduct was so egregious that it amounted to a reckless disregard for human life.

In this context, “reckless disregard” refers to criminal negligence.

In these cases, the judge or jury will objectively determine whether the conduct amounted to criminal negligence by evaluating whether the driver knew or should have known the likely consequences of their conduct.

It is important to note that driving under the influence alone does not establish the driver’s reckless disregard for human life.

A defense attorney can contextualize the facts to put them into perspective, showing that you did not exhibit a reckless disregard for human life.

For example, an attorney might argue that because your BAC was just barely over the legal limit, your mindset couldn’t have been reckless because you honestly thought you were okay to drive.

The “Serious Bodily Injury” or “Permanent Physical Impairment” Element

Under Virginia’s DWI maiming statute, the prosecutor must prove that the driver caused serious bodily injury to another.

The DUI maiming law provides some clarification by noting that serious bodily injury “means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”

Additionally, the prosecutor must also prove that the victim’s injuries resulted in significant and permanent physical impairment.

Challenging this element usually involves reviewing the alleged victim’s medical records and strategically cross-examining them on the stand.

For example, if the alleged victim has gone back to work by the time the trial comes around, it opens the door to argue that their injuries were not as serious as the prosecutor claims.

Better yet, your attorney might be able to find pictures of the alleged victim on social media engaging in activities that are inconsistent with the extent of injuries the prosecutor claims they suffered.

The “Causation” Element

Virginia’s DUI maiming statute requires prosecutors to prove that a driver’s actions caused the alleged victim’s injuries.

Thus, one common defense involves arguing that you were not at fault for causing the accident.

Of course, even if you are successful, you may still face DUI charges—but the punishment for a DUI pales in comparison to those for DUI maiming, so this is often a welcome trade-off.

The above defenses to DWI maiming are just some of the alternatives available to you. There are many others.

However, while these defenses exist, it is important to recognize that the prosecutor will also know about them—and will be prepared for them.

Thus, it is imperative for anyone facing these serious charges to reach out to an experienced Virginia criminal defense attorney to help prepare their defense.

Are You Facing DUI Maiming Charges in Virginia?

If you were recently charged, the next step is to reach out to an experienced attorney to help you defend against DWI maiming charges.

At Andrew Flusche, Attorney at Law, PLC, we have over 15 years of experience defending clients who face serious criminal and traffic-related charges, including DUI maiming offenses.

Andrew Flusche is an authority on DUI law throughout Virginia, and he takes pride in providing each of his clients with the defense they need, deserve, and are entitled to.

Ryan Fitzgerald is a former prosecutor who has extensive experience with DWI maiming charges.

We offer free consultations to all prospective clients, where we will answer your questions and discuss how we can help you fight your case.

To learn more and to schedule a free consultation with a Virginia DWI maiming attorney today, call 540-318-5824. You can also reach us through our online contact form, and one of our attorneys will be in touch shortly.

The post How to Defend Against DWI Maiming Charges appeared first on Andrew Flusche.

Any DUI or DWI offense is serious; however, if someone dies as a result of a DUI accident you caused, you will likely face severe penalties.

However, there are defenses to DUI manslaughter cases, and it is essential you understand what they are and how to pursue them.

At Andrew Flusche, Attorney at Law, PLC, we stand up for clients facing DWI manslaughter charges. Attorney Andrew Flusche founded the firm in 2008.

Since then, he has achieved a successful track record defending the rights of everyday citizens who face the overwhelming prosecutorial power of the Commonwealth.

Virginia’s DWI Manslaughter Laws and Penalties

Driving under the influence of drugs or alcohol is against the law in Virginia, as it is in every other state.

In the majority of DUI cases, police officers pull a driver over and make contact. If the officer suspects the driver may be under the influence, it becomes a DUI case. 

However, a very small subset of DUI cases involves fatal accidents. This is where DUI manslaughter and aggravated DUI manslaughter charges come into the picture.

Virginia’s DUI-related manslaughter laws are harsh, and anyone facing these serious charges needs to understand what the State must prove and how to defend against the allegations.

What Is DUI Manslaughter?

In Virginia, DUI manslaughter or DWI manslaughter occurs when someone drives under the influence of drugs or alcohol and causes an accident where someone else dies.

The Code of Virginia § 8.2-36.1 provides, “[a]ny person who, as a result of driving under the influence … unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.”

What Is Aggravated DUI Manslaughter?

Prosecutors can bring DUI manslaughter charges after any drunk or drugged driving accident that results in the death of another person.

Of course, in most of these cases, the driver had no intention to cause any harm to the victim; it was simply a bad accident.

However, under the Code of Virginia § 8.2-36.1(b), prosecutors can also charge aggravated DWI manslaughter if they believe a driver’s conduct exhibited a “reckless disregard for human life.”

Punishments for DWI-Related Manslaughter

In Virginia, any voluntary or involuntary manslaughter charge is a Class 5 felony, punishable by up to 10 years in prison and a fine of up to $2,500. DUI manslaughter is no exception.

However, aggravated DUI manslaughter, while still a Class 5 felony, is punishable by up to 20 years in prison. Additionally, aggravated DWI manslaughter carries a mandatory one year in jail.

This means that, despite how compelling your defense or mitigating circumstances are, the judge lacks the authority to sentence you to any less than one year in jail.

In addition to the possibility of fines and jail time, a DUI manslaughter conviction also carries other consequences.

For example, under the Code of Virginia § 46.2-391, a DUI manslaughter conviction results in the revocation of your driver’s license for a period of at least five years.

Once five years have passed, you must then petition the court and prove that there is “good cause” for your driving privilege to be restored.

Even if the judge agrees, you must install an ignition interlock system on your vehicle for at least six months and comply with any other conditions the judge orders.

Related Charges to DUI Manslaughter Offenses

If you are arrested for DUI manslaughter, chances are you’ll be facing several charges in addition to those under §8.2-36.1.

For example, prosecutors will almost certainly charge you with DUI and may also bring hit-and-run charges if you leave the scene.

More concerning is that, depending on the facts, prosecutors are not prevented from bringing other homicide charges against you.

Section §8.2-36.1 specifically provides that “The provisions of this section shall not preclude prosecution under any other homicide statute.”

This means that the State may decide to bring murder charges against you as well. Of course, the vast majority of DUI manslaughter cases are not charged as murders; however, the possibility exists.

Defenses to DWI Manslaughter Cases

Like every other crime, there are several defenses that may apply in a DUI manslaughter case. These defenses typically fall into one of a few categories.

You Were Not Driving

Perhaps the most basic defense to a DUI manslaughter case (and any DUI case, for that matter) is disputing the State’s claim that you were operating a motor vehicle.

Unlike in a traditional DUI, police officers do not always have the opportunity to observe the driver behind the wheel in a DUI manslaughter case.

This is because they are usually called to the scene after the fact, and by that time, the driver and passengers may have exited the vehicle.  

Clearly, for a judge or jury to find you guilty of DUI manslaughter, the prosecution must prove beyond a reasonable doubt that you were the one driving.

If you didn’t admit to driving when asked by police (note: never admit to anything after a DUI accident for exactly this reason), then the government may have a difficult time putting you behind the wheel.

You Were Not Intoxicated

DUI manslaughter cases pose real challenges for prosecutors due to the fact that these cases don’t follow the typical procedure of a DUI arrest.

For example, after an accident, police officers may be focused on ensuring injured parties get medical treatment and may be less concerned about finding out whether you are impaired.

Thus, sometimes, chemical tests are not performed in a timely manner, so the results might be inadmissible. In some DUI manslaughter cases, there is no chemical test evidence at all, perhaps because you were immediately taken to the hospital.

While the lack of chemical test results doesn’t preclude the government from bringing a case against you, it certainly makes it much harder to prove you were intoxicated.

Often, in these situations, prosecutors will argue that the facts suggest that you were intoxicated.

For example, prosecutors may point to any of the following in an attempt to prove you were intoxicated absent chemical test evidence:

• An open container of alcohol or drug paraphernalia in the vehicle,
• Witness statements that you appeared intoxicated,
• Police officers’ observations that you looked impaired,
• Your own statements admitting you were drinking or had used drugs, or
• Evidence that you were driving erratically prior to the accident.

Of course, there may be innocent explanations for all of these things. However, these are the things that prosecutors focus on when trying to prove that you were impaired.

You Didn’t Cause the Accident

The above two defenses negate the elements of the DUI manslaughter charge and the underlying DUI charge.

However, those defenses don’t apply in every situation, and when they don’t, you can still argue that you did not cause the accident.

Under Virginia’s DWI manslaughter laws, it is only a crime if you are driving under the influence, get into an accident, and your driving causes the other person’s death.

The State must prove all three elements to convict you. Put another way, if you were driving while under the influence, and another driver ran a red light, crashed into you, and died as a result of their injuries—you may be guilty of DUI but not of DUI manslaughter.

This defense is very fact specific. It requires a skilled attorney to dissect the accident to refute the prosecution’s claim that you were at fault.

And remember, the prosecution has the burden to prove every element of a crime beyond a reasonable doubt, so if it is not entirely clear who was at fault, you may be able to beat the case.

Why Hire an Attorney to Defend Against DUI Manslaughter Charges?

A charge of DUI manslaughter is incredibly serious and, if not handled properly, can subject you to a decade of imprisonment.

There are many defenses that can result in reduced charges or an all-out acquittal.

But DUI-related manslaughter laws in Virginia are complex, and it’s best to place your case—and your future—in the hands of an attorney with extensive experience handling these cases.

Were You Arrested for DUI Manslaughter in Virginia?

If you were recently arrested and charged with DWI or DUI manslaughter, it is imperative that you reach out to an experienced Virginia criminal defense attorney as soon as possible.

At Andrew Flusche, Attorney at Law, PLC, we have more than 15 years of hands-on experience aggressively defending clients who face serious criminal and traffic-related charges.

We are immediately available to meet with you to discuss your case, provide you with our initial thoughts, and discuss what our next steps should be to start creating the most compelling defense possible.

To learn more and to schedule a free consultation with a Virginia DWI manslaughter lawyer today, call 540-318-5824.

You can also reach us through our online contact form, and one of our attorneys will be in touch shortly.

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