On October 31, 2011, a 24-year-old illegal immigrant from Bolivia with two previous convictions for driving under the influence of alcohol was found guilty of multiple felonies for the death of a Richmond Benedictine nun and the severe injuries of two others. Carlos Abraham Martinelly Montano was driving with a blood alcohol content that was almost three times the legal limit and a revoked license at the time of the early Sunday morning August 2010 accident, in which he struck the sisters' car head on.
Compounding the tragedy, Montano was allegedly brought into this country illegally as a child and now has two young kids of his own who may not grow up with their father. Montano will be sentenced in February 2012 and could get up to 70 years in prison for his convictions that include:
- Felony murder
- DUI
- Two counts of malicious wounding
- Involuntary manslaughter
- Driving without a license
The Commonwealth often does not look kindly upon drunk drivers like Montano. A drunk driver (or boater) can be convicted of DUI for driving with a BAC of 0.08 or higher, or in some circumstances can be convicted at a lower BAC or for driving under the influence of drugs (even legal drugs if they cause impairment).
Drunk driving sanctions in Virginia can include various levels and combinations of the following, depending on the individual circumstances:
- License suspension or revocation
- Fine
- Jail time
- Vehicle impoundment, immobilization or forfeiture
- Community service
- Installation of an ignition interlock device
- Substance-abuse education class
- Treatment
- Probation
- Restitution
Additional or enhanced penalties may be imposed, or additional crimes charged, for these reasons:
- Previous DUI convictions, particularly in close proximity
- Open container of alcohol in the passenger area of the vehicle
- Blood alcohol test refusal, especially multiple refusals or those in close proximity
- Very high BAC level (the Virginia DMV reports a driver with over 0.15 BAC has more than 300 times the chance of being in a fatal accident)
- Driving without a valid license
- Driving drunk with a juvenile passenger
Other possible consequences of an accident while drunk or under the influence of drugs may include a criminal record and the limitations to life that it brings, and having to deal with stigma, guilt and remorse.
If you or someone you love is charged with DUI or a related offense in Virginia, it is imperative that you consult with an experienced criminal defense attorney as early in the process as possible for legal advice and representation. The potential consequences are too severe to face on your own.
