Those who are involved in a DUI-related killing will be charged with vehicular homicide or second-degree murder. Depending on the state, these charges can be punished with years in prison or even fines. A DUI lawyer can help you fight these charges. The severity of the charge can affect you and your family. Contact an experienced DUI lawyer today to find out more about your options.
(Looking for a Car Accident Lawyer? Contact us Today! Click here: Omaha Auto Accident Lawyer)
First-degree felony DUI charges can be punished with life in prison. Second-degree felony DUIs can be punished with up to 20 years in prison. A DUI manslaughter conviction can carry a minimum of two years in prison. In some states, a driver can be required to serve community service. This can include restitution to the family of the deceased. The penalties vary according to the state and your criminal history.
If the drunk driving offense results in the death of another person, the victim’s family may file a civil wrongful death lawsuit. This can be a costly endeavor, as a settlement could include millions of dollars. If you are accused of a DUI-related killing, it is important to get legal counsel right away. Your attorney can investigate police procedures and use any information you provide to build a strong defense. A skilled DUI lawyer can also help you uncover any evidence of misconduct by the police.
Some DUI-related killings are charged as gross vehicular manslaughter while intoxicated. Gross DUI manslaughter is a felony charge that requires extreme recklessness on the part of the driver. This can be based on racing, tailgating, ignoring traffic lights, or driving erratically. The difference in BAC can double the potential penalty. The defendant can be convicted of vehicular homicide while intoxicated if the BAC is at least 0.1 percent higher than the BAC at the time of the incident. A DUI vehicular homicide can result in jail time and license suspension, as well as a fine. A DUI-related killing can change your life.
Other charges that can be associated with a drunk driving incident include involuntary manslaughter, reckless homicide, or second-degree murder. These charges can be punishable with jail time, a license suspension, and community service. Having an experienced DUI attorney on your side can make the difference between being convicted of a crime and received a lighter sentence.
In California, a DUI-related killing can be charged as second-degree murder. A driver can be convicted of this if the driver acted with malice. The malice requirement does not apply to intoxication manslaughter. If the driver was under the influence of alcohol, drugs, or both, then he or she will be convicted of intoxication manslaughter. This is a felony that carries a prison sentence of four to six years. Those who kill the first person they injure can receive additional three to six years in prison.
If you have been charged with a DUI-related killing, you need to talk to an experienced attorney. These laws can be complicated and have severe consequences. An experienced DUI lawyer will help you understand your options and fight for you.
Montag Law Office 4151 E Street, Suite 200 Omaha, NE 68107 (402) 334-2200