A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.
B. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.
C. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
D. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 shall apply, mutatis mutandis, upon arrest for a violation of this section.
E. As used in this section, "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.
1997, c. 691; 1999, cc. 945, 987; 2000, cc. 956, 982; 2019, c. 465.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 4 - Crimes Against the Person
§ 18.2-30. Murder and manslaughter declared felonies
§ 18.2-31. Aggravated murder defined; punishment
§ 18.2-32. First and second degree murder defined; punishment
§ 18.2-32.1. Murder of a pregnant woman; penalty
§ 18.2-32.2. Killing a fetus; penalty
§ 18.2-32.3. Human infant; independent and separate existence
§ 18.2-33. Felony homicide defined; punishment
§ 18.2-35. How voluntary manslaughter punished
§ 18.2-36. How involuntary manslaughter punished
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth
§ 18.2-37.1. Certain matters not to constitute defenses
§ 18.2-40. Lynching deemed murder
§ 18.2-41. Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
§ 18.2-42. Assault or battery by mob
§ 18.2-42.1. Acts of violence by mob
§ 18.2-43. Apprehension and prosecution of participants in lynching
§ 18.2-44. Civil liability for lynching
§ 18.2-45. Persons suffering death from mob attempting to lynch another person
§ 18.2-46.2. Prohibited criminal street gang participation; penalty
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty
§ 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
§ 18.2-46.7. Act of bioterrorism against agricultural crops or animals; penalty
§ 18.2-46.10. Violation of sections within article separate and distinct offenses
§ 18.2-47. Abduction and kidnapping defined; punishment
§ 18.2-48. Abduction with intent to extort money or for immoral purpose
§ 18.2-48.1. Abduction by prisoners or committed persons; penalty
§ 18.2-49. Threatening, attempting, or assisting in such abduction; penalty
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty
§ 18.2-50. Disclosure of information and assistance to law-enforcement officers required
§ 18.2-50.2. Emergency control of telephone service in hostage or barricaded person situation
§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
§ 18.2-51.2. Aggravated malicious wounding; penalty
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
§ 18.2-51.6. Strangulation of another; penalty
§ 18.2-51.7. Female genital mutilation; penalty
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties
§ 18.2-52.2. Animal attack resulting from owner's disregard for human life; penalty
§ 18.2-53. Shooting, etc., in committing or attempting a felony
§ 18.2-53.1. Use or display of firearm in committing felony
§ 18.2-54. Conviction of lesser offenses under certain indictments
§ 18.2-54.1. Attempts to poison
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
§ 18.2-56.2. Allowing access to firearms by children; penalty
§ 18.2-57. Assault and battery; penalty
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty
§ 18.2-57.2. Assault and battery against a family or household member; penalty
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives
§ 18.2-57.5. Certain matters not to constitute defenses
§ 18.2-58.1. Carjacking; penalty
§ 18.2-59. Extortion of money, property or pecuniary benefit
§ 18.2-60.1. Threatening the Governor or his immediate family
§ 18.2-60.2. Members of the Governor's immediate family
§ 18.2-60.3. Stalking; penalty
§ 18.2-60.4. Violation of protective orders; penalty
§ 18.2-60.5. Unauthorized use of electronic tracking device; penalty
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age
§ 18.2-64.1. Carnal knowledge of certain minors
§ 18.2-67.2. Object sexual penetration; penalty
§ 18.2-67.3. Aggravated sexual battery; penalty
§ 18.2-67.4:1. Infected sexual battery; penalty
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
§ 18.2-67.6. Proof of physical resistance not required
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
§ 18.2-67.8. Closed preliminary hearings
§ 18.2-67.9. Testimony by child victims and witnesses using two-way closed-circuit television
§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding
§ 18.2-67.10. General definitions
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty
§ 18.2-71.1. Partial birth infanticide; penalty
§ 18.2-72. When abortion lawful during first trimester of pregnancy
§ 18.2-73. When abortion lawful during second trimester of pregnancy
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman
§ 18.2-76. Informed written consent required