Depending on the state, penalties for DUI manslaughter can be quite severe. In most cases, the driver can face a felony conviction that can cause him to spend a significant amount of time in jail. In addition to jail, the driver can face fines and loss of driving privileges. If a defendant is found guilty of gross vehicular manslaughter while intoxicated, the penalties can be even more serious.
(Looking for a Car Accident Lawyer? Contact us Today! Click here: montaglawoffice.com)
A person can be charged with second-degree murder if he or she drives under the influence and kills another person. This charge may not require that the driver had any intent to kill, but it does require that the driver drove with malice or recklessness. In other words, the driver should have known that his or her actions would likely lead to death.
In most states, the penalty for vehicular manslaughter while intoxicated is a minimum of four years in prison. In some states, the maximum is 10 years. If the driver had a prior DUI conviction, the punishment for vehicular manslaughter while drunk can be up to 60 years in prison. However, this is based on specific circumstances surrounding each case.
If the prosecutor cannot prove that the defendant was under the influence of alcohol, the charge is a misdemeanor. This is often because the police officer did not have a license to test the driver’s blood alcohol concentration. This means that chemical breath tests must be conducted at a medical center, not at the scene of the accident. The driver’s license can also be suspended. This can prevent the person from getting employment or running for office. In certain cases, the driver can also be ordered to perform community service and lose his or her driving privileges.
In some states, the driver can be found guilty of involuntary manslaughter if the driver was under the influence of alcohol and killed someone who was not in the vehicle. This can be a charge that is punishable by up to a year in jail. In other cases, a judge can impose a manslaughter sentence that includes probation and substance abuse treatment.
In some jurisdictions, vehicular manslaughter while intoxicated charges can be grouped with more general murder-related offenses. The prosecutor has a variety of options, ranging from a maximum fine to a jail term, but the defendant’s options are limited. The judge has a great deal of discretion, and the prosecutor will have to prove that the defendant was negligent in his or her actions. If the prosecutor can prove that the defendant was driving under the influence of drugs, then the crime will be categorized as a drug-related offense. In these cases, the driver’s BAC may be doubled or tripled, increasing the potential penalty.
When a person is charged with killing another person while driving under the influence of alcohol, it can be charged as either involuntary manslaughter or second-degree murder. The penalties for each of these crimes will vary and can include fines, license suspension, jail time, and loss of driving privileges. The victim’s family can also file a wrongful death lawsuit against the driver. The plaintiff can demand large sums of money for compensatory and punitive damages.