What Are The Penalties For Drunk Driving?

Penalties For Drunk Driving and Killing Someone 

The first thing you should know about the Penalties for drunk driving and killing someone is the type of crime. The crime can be categorized into several categories, depending on the Blood Alcohol Concentration. For example, the gross vehicular manslaughter charge is filed when the prosecutor feels that the defendant acted with gross negligence when driving. This can include running red lights or speeding. It may also include driving on the wrong side of the road. 

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If you’ve been caught driving drunk and killing someone, you should be aware that you’re facing a felony charge. In California, you may be charged with vehicular manslaughter, which is a lesser crime than vehicular homicide. 


If you drive drunk and kill someone, you’ll likely receive a hefty fine. Drunk driving can lead to years in prison. A fine for drunk driving and killing someone depends on how reckless the driver was and the circumstances surrounding the incident. Depending on the state, you may even be charged with vehicular homicide, also known as vehicular manslaughter. If you’re charged with driving under the influence and killing someone, you may also face restitution to the victim’s family. A prison sentence for DUI manslaughter can be as long as ten years. 


When someone is drunk and causes an accident, they are legally responsible for restitution. This money goes to the victim and/or any other parties that were hurt in the accident. It also includes any property damage that was caused. If the drunk driver does not pay the restitution, they may be sentenced to jail or prison. However, unlike criminal prosecution, the victim has the option to bring a civil case against the drunk driver. They can hire a lawyer to help them get the maximum compensation. 

Blood alcohol concentration 

The punishment for driving under the influence (DUI) and killing another person varies by state. In Massachusetts, the punishment is 30 days in jail. In Tennessee, the maximum sentence is 60 years in prison and a $50,000 fine. In other states, the penalties may be significantly higher. 

First offense vs. second offense 

If you are caught drunk driving and kill someone, you can face jail time or even death. The punishment varies from state to state. The first offense is less severe than the second. In some states, you can get up to ten years in prison. You will also face fines of up to $10,000. The penalties increase for each additional person you hit. 

Intent factor 

If you are caught driving under the influence of alcohol and killing someone, you may be facing jail time. The punishment varies depending on the jurisdiction. In Massachusetts, for example, the maximum sentence is 30 days in jail. In Tennessee, however, the maximum penalty is 60 years in prison and a $50,000 fine. 

What Are The Penalties For Drunk Driving? | Montag Law Office