Drunk Driving Accidents

Virginia’s DUI Standard & Your Civil Claim

Virginia sets a blood alcohol concentration (BAC) of 0.08% as per se intoxication for standard drivers under Va. Code 18.2-266. At or above that threshold, the law treats the driver as legally impaired without requiring additional proof of erratic behavior. A driver can also be found impaired below 0.08% if drugs, or a combination of alcohol and drugs, affected their ability to drive safely.

A civil personal injury claim against an impaired driver is independent of any criminal DUI case. Criminal courts require proof beyond a reasonable doubt. Civil claims use a lower standard: preponderance of the evidence, meaning it’s more likely than not that the driver’s impairment caused your injuries. A not-guilty verdict in criminal court doesn’t close the door on your civil claim.

Compensation Available in a Norfolk Drunk Driving Claim

An impaired driving accident claim can pursue economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). In certain cases, Virginia law also permits punitive damages, intended to punish especially reckless conduct rather than simply compensate the victim.

Under Va. Code 8.01-44.5, a court may award punitive damages when the at-fault driver had a BAC of 0.15% or higher, or unreasonably refused a blood alcohol test, and that intoxication caused your injuries. Virginia caps total punitive damages in a civil action at $350,000 under Va. Code 8.01-38.1. Whether punitive damages apply depends on the specific facts of your case, including the driver’s BAC and the circumstances of the crash.

One important limitation: Virginia has no dram shop statute. Virginia Supreme Court precedent holds that bars and restaurants generally cannot be held civilly liable for injuries caused by a patron they served alcohol to. In most Norfolk drunk driving cases, the civil claim runs directly against the impaired driver.

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Drunk Driving Accident Lawyer in Norfolk

Trial-Ready Representation for Norfolk Impaired Driving Victims

When an impaired driver causes a crash, the injuries are often severe, and the path to fair compensation isn’t always straightforward. At Agnew Todd Injury Law, we represent injury victims in Norfolk and throughout Virginia, and we prepare every drunk driving accident case for trial from the start. That posture matters because Virginia law allows courts to award statutory punitive damages in qualifying cases, and insurers know when an attorney is genuinely ready to litigate.

We are a Black-owned firm devoted to serving African-American clients who have been injured through no fault of their own. Attorney Jamie Teresa Agnew is barred in both Virginia and Georgia, and Attorney Melvin Lorenzo Todd, Jr. is barred in Virginia. Together, we have helped over 300 clients pursue the compensation they are owed, and we are deeply involved in the Norfolk community beyond the courtroom.

Contact Agnew Todd Injury Law today to schedule your free consultation, in person or virtually. Call (757) 792-8382 to speak with our team about your impaired driving accident claim.

The Cases We Handle

We represent clients injured in motor vehicle collisions caused by impaired drivers, including cases involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, and severe fractures. When a drunk driving accident takes a family member, we also represent surviving families in wrongful death claims.

Being trial-ready isn’t a negotiating posture. It’s how we build every case: gathering evidence thoroughly, documenting fault clearly, and pursuing the full range of damages the facts support. We won’t recommend an early settlement that leaves compensation on the table when the case warrants more.

Filing Deadlines & How Norfolk Courts Handle These Claims

Under Va. Code 8.01-243, most Virginia personal injury claims arising from drunk driving accidents must be filed within two years of the accident date. Missing that deadline can permanently bar your right to seek compensation, so the timing of legal help matters.

Civil injury and wrongful death claims in Norfolk are heard at two levels. The Norfolk General District Court shares jurisdiction with the Norfolk Circuit Court over claims up to $50,000. The Circuit Court handles claims exceeding that amount. Knowing where your case belongs and how each court operates is part of the groundwork we lay at the outset.

Virginia follows a contributory negligence rule: a plaintiff found even slightly at fault for a crash can be barred from recovering any damages. That strict standard makes thorough, early documentation of fault essential. We work to establish the impaired driver’s responsibility clearly so that rule doesn’t become an obstacle in your claim.

Get Started With a Free Consultation

We handle drunk driving accident cases on a contingency-fee basis. You owe no legal fees unless we recover on your behalf. Consultations are free and available by phone, in person, or virtually.

If you or a family member was injured in a Norfolk impaired driving accident, call (757) 792-8382 to talk through your options at no cost and no obligation.

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The Agnew Todd Injury Law Difference

Trusted. Community-Focused. Results-Driven.

Driven to Serve & Advocate for Our Community
Compassionate Representation, Aggressive When It Counts

We Take Cases in Virginia & Georgia
Black-Owned Law Firm with Black Lawyers

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The Live Good Legal Team Fights For You

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