--- description: Punitive Damages & Drunk Driving Accidents in Virginia title: Punitive Damages & Drunk Driving Accidents in Virginia image: https://www.cscsvirginia.com/images/blog/shutterstock_3419018-drinkkeys.jpg --- [ Back to CSCS Blog ](https://www.chaikinandsherman.com/blog/) # Punitive Damages & Drunk Driving Accidents in Virginia [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » Punitive Damages & Drunk Driving Accidents in Virginia * [ August 25, 2014 ](https://www.chaikinandsherman.com/blog/2014/08/25/) * [Criminal Law](https://www.chaikinandsherman.com/blog/category/practice-areas/criminal-law/) [Drunk driving ](https://www.chaikinandsherman.com/2013/11/punitive-damages-in-drunk-driving-cases/)and [driving under the influence ](https://www.chaikinandsherman.com/2016/04/how-does-drunk-driving-affect-an-auto-accident-lawsuit-in-dc/)are serious matters, whether someone is injured as a result of it or not. In Arlington on Thursday August, 14th, a 24-year-old man pleaded guilty to involuntary manslaughter and driving while intoxicated after he ran a red light and collided with another vehicle, killing the driver. Under the plea agreement the man cannot be sentenced to more than 12 years in prison, even though the killer had nearly three dozen charges on his driving record, several relating to drunken driving, including a 2010 charge of driving under the influence that was pleaded down to reckless driving.![Drunk Driving Accident Injury](https://www.cscsvirginia.com/images/blog/shutterstock_3419018-drinkkeys.jpg) While the criminal justice system has its own way of dealing with drunk drivers, individuals who have been harmed, or those who have lost loved ones, often wonder what options are available to compensate them for their injuries. Under Virginia law, individuals can pursue not only compensatory damages, as they could against any driver, but also have greater ability to pursue **punitive damages** thanks to a Virginia statute. **Generally, to obtain punitive damages, a person must show that the defendant’s actions were either intentional, or with willful and wanton negligence**. Willful and wanton negligence is action taken either in conscious disregard for the rights of others or with reckless indifference to the consequences when the defendant is aware that his conduct probably would [cause injury to another](https://www.chaikinandsherman.com/2013/08/can-virginia-bars-be-held-liable-for-drunk-driving-accidents/). Punitive damages are often almost impossible to obtain in car accident cases, but because [drunk driving](https://www.chaikinandsherman.com/car-accidents/drunk-driving-accidents/ "drunk driving") has such serious consequences, Virginia enacted a specific law that makes it easier for individuals to recover punitive damages against drunk drivers. A defendant’s conduct is deemed sufficiently willful or wanton if: * The defendant had a blood alcohol concentration (BAC) of 0.15 percent or more; * The defendant knew or should have known that his ability to operate a motor vehicle would be impaired; and * The defendant’s intoxication was a proximate cause of the injury or death of the plaintiff. To show the defendant’s blood alcohol content, a plaintiff can submit a certificate issued pursuant to a Breathalyzer or blood test so long as it was tested within three hours of the accident. The defendant’s BAC will be presumed to have been at least as high as the test result. Depending on when the BAC test was administered, a person can still show that punitive damages are warranted even when the certificate shows a BAC less than 0.15 through expert testimony. Drunk driving can have very serious consequences and it’s important to have attorneys on your side who are going to fight to get you the compensation you deserve. The car accident lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C. have represented countless individuals in actions against drunk drivers. If you or someone you love has been hurt as a result of such reckless behavior, please call the lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C. for a free consultation. [Contact Chaikin, Sherman, Cammarata & Siegel, P.C.](https://www.chaikinandsherman.com/contact-us/) by phone at (202) 659-8600 to get started with your personal injury claim. Find Something Interesting? Share This post Facebook X LinkedIn Email Print ![](https://www.chaikinandsherman.com/wp-content/uploads/2020/05/video-screenshot-sm-e1589210255835.jpg) ## Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [ Speak to a Specialist ](#) #### In This Post ## Contact Us Today! "\*" indicates required fields Name\* First Last Name\* Last Email\*\* Phone\* Are you a new client?\* Are you a new client? \*Yes, I'm a potential new client.No, I'm a current existing client.I'm neither Case Type Case TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOther Were You at Fault? Were You At Fault?NoYesUnknown Where Did The Incident Occur? Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOther Did The Accident Occur In the Last Two Years? Did The Accident Occur In the Last Two Years?YesNo Share Brief Description of the Incident\* ## Recent Posts [Joseph Cammarata](https://www.chaikinandsherman.com/blog/author/jcammarata/ "Posts by Joseph Cammarata")03/10/2026 WASHINGTON, D.C. — Chaikin, Sherman, Cammarata & Siegel, P.C. is... [Read More](https://www.chaikinandsherman.com/blog/2026/03/partner-joseph-cammarata-selected-for-the-virginia-lawyers-hall-of-fame/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/ "Posts by Allan Siegel")01/06/2026 WASHINGTON D.C. — The legal team at Chaikin, Sherman, Cammarata... [Read More](https://www.chaikinandsherman.com/blog/2026/01/joseph-cammarata-seeks-justice-for-catastrophically-injured-clients/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/ "Posts by Allan Siegel")12/23/2025 Chaikin, Sherman, Cammarata & Siegel, P.C. is pleased to announce... [Read More](https://www.chaikinandsherman.com/blog/2025/12/cscs-welcomes-associate-justin-wood/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/ "Posts by Allan Siegel")12/23/2025 Partner Allan M. Siegel obtained over $1.9 million for individuals... [Read More](https://www.chaikinandsherman.com/blog/2025/12/partner-allan-m-siegel-obtains-over-1-9-million-in-premises-liability-cases-in-2025/) Load More ```json {"@context":"https://schema.org","@graph":[{"@type":"LegalService","@id":"https://chaikinandsherman.com/#firm","name":"Chaikin, Sherman, Cammarata & Siegel Personal Injury Lawyers","url":"https://www.chaikinandsherman.com/","telephone":"+1-202-659-8600","email":"publicrelations@dc-law.net","logo":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/new-logoBaskerville@2x.png","image":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/cscs-firm-photo.jpg","description":"Chaikin, Sherman, Cammarata & Siegel is a Washington D.C. personal injury law firm with decades of experience representing accident victims throughout DC, Maryland, and Virginia.","foundingDate":"1969","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"},"founder":[{"@type":"Person","name":"Joseph Chaikin","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Person","name":"Matthew Sherman","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"employee":[{"@type":"Attorney","name":"Allan M. 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