Virginia Beach police are investigating a recent car accident that left one 33-year old woman dead. According to investigators, the accident occurred on a recent Sunday, around 2:30 a.m. A Chevy Malibu attempted to make a left turn onto Greenwich Road when a Ford Mustang crashed into the passenger side door. The woman who died was a passenger in the Malibu. Four others were injured.
Both drivers were charged with driving under the influence. The driver of the Malibu was also charged with refusing to take a breath test. The Mustang driver was charged with disorderly conduct on hospital grounds. Both drivers were held in the city jail without bond.
Drunk driving accidents can lead to dramatic life changes for all involved. Those facing DUI charges following a fatal motor vehicle accident can potentially be charged with felony DUI or vehicular homicide, depending on who was at fault in the accident.
Drivers who are pulled over for suspicion of DUI may refuse to take a breath test. However, there can be serious consequences for that refusal.
Virginia, like most states, has an implied consent law in place which says that if you have driving privileges, you automatically consent to a blood alcohol concentration test as a condition of those privileges. If you refuse the test, you could be charged with a crime and have your license suspended. Those with a prior history of DUIs can face longer suspensions and even jail time. While refusing a breath test is an option, it may not always be the best option.
Source: Pilot Online, “Both drivers charged with DUI in fatal Va. Beach crash,” Matthew Bowers, April 16, 2015