Driving under influence of alcohol; defendant's blood or breath tested, exemplary damages. (HB1909)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Currently, only the defendant's BAC at the time of the incident is considered. Amends § 8.01-44.5, of the Code of Virginia. Read the Bill »


Bill Has Failed


  • 01/08/2013 Prefiled and ordered printed; offered 01/09/13 13100083D
  • 01/08/2013 Referred to Committee for Courts of Justice
  • 01/11/2013 Assigned Courts sub: #2 Civil
  • 01/21/2013 Subcommittee recommends no action
  • 01/23/2013 Subcommittee recommends laying on the table
  • 02/05/2013 Left in Courts of Justice


stephen writes:

But still this same Scott Surovell hasn't written a bill to protect parents with a registry of these people. Drunk Drivers murder and cripple the most kids in virginia and no one knows who they are.