15.2-1716 - Reimbursement of expenses incurred in responding to DUI and related incidents. - Virginia Statutes

§ 15.2-1716. Reimbursement of expenses incurred in responding to DUI andrelated incidents.

A. Any locality may provide by ordinance that a person convicted of violatingany of the following provisions shall, at the time of sentencing or in aseparate civil action, be liable to the locality or to any respondingvolunteer fire or rescue squad, or both, for restitution of reasonableexpenses incurred by the locality for responding law enforcement,firefighting, rescue and emergency services, including those incurred by thesheriff's office of such locality, or by any volunteer fire or rescue squad,or by any combination of the foregoing, when providing an appropriateemergency response to any accident or incident related to such violation. Theordinance may further provide that a person convicted of violating any of thefollowing provisions shall, at the time of sentencing or in a separate civilaction, be liable to the locality or to any responding volunteer fire orrescue squad, or both, for restitution of reasonable expenses incurred by thelocality when issuing any related arrest warrant or summons, including theexpenses incurred by the sheriff's office of such locality, or by anyvolunteer fire or rescue squad, or by any combination of the foregoing:

1. The provisions of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738,29.1-738.02, or 46.2-341.24, or a similar ordinance, when such operation of amotor vehicle, engine, train or watercraft while so impaired is the proximatecause of the accident or incident;

2. The provisions of Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title46.2 relating to reckless driving, when such reckless driving is theproximate cause of the accident or incident;

3. The provisions of Article 1 (§ 46.2-300 et seq.) of Chapter 3 of Title46.2 relating to driving without a license or driving with a suspended orrevoked license; and

4. The provisions of § 46.2-894 relating to improperly leaving the scene ofan accident.

B. Personal liability under this section for reasonable expenses of anappropriate emergency response pursuant to subsection A shall not exceed$1,000 in the aggregate for a particular accident, arrest, or incidentoccurring in such locality. In determining the "reasonable expenses," alocality may bill a flat fee of $350 or a minute-by-minute accounting of theactual costs incurred. As used in this section, "appropriate emergencyresponse" includes all costs of providing law-enforcement, fire-fighting,rescue, and emergency medical services. The court may order as restitutionthe reasonable expenses incurred by the locality for responding lawenforcement, fire-fighting, rescue and emergency medical services. Theprovisions of this section shall not preempt or limit any remedy available tothe Commonwealth, to the locality or to any volunteer rescue squad to recoverthe reasonable expenses of an emergency response to an accident or incidentnot involving impaired driving, operation of a vehicle or other conduct asset forth herein.

(1994, c. 617, § 15.1-132.1; 1995, cc. 683, 685, 830; 1997, cc. 587, 691;2001, c. 505; 2003, c. 796; 2004, c. 273; 2005, cc. 148, 366; 2006, c. 679;2009, c. 245; 2010, c. 343.)