What Is The Punishment For Drunk Driving And Killing Someone?

What is the Punishment For Drunk Driving and Killing Someone? 

If you’re drunk driving and you kill someone, you could be charged with gross vehicular manslaughter. This is a crime under California’s Vehicle Code. It’s also known as a Class 2 felony. The punishment for this crime varies depending on whether or not the death was the result of your actions or your intoxication. 

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Involuntary manslaughter 

Involuntary manslaughter can have harsh consequences for the person accused of drunk driving and causing death. The punishment for this crime depends on whether there were any aggravating or mitigating factors. However, in most cases, the punishment for this crime involves five to ten years in jail and fines. In addition to prison time, the person may also be required to undergo counseling. 

Involuntary manslaughter can be a Level 5 felony or a Class A misdemeanor. The punishment can range from a $10,000 fine to a year-long license suspension. Repeat offenders may face greater penalties. 

Involuntary manslaughter differs from murder in that it does not involve the intentional killing of another human being. It is the result of gross negligence, reckless behavior, or a total disregard for the safety of others. Involuntary manslaughter can be charged as a felony at both the federal and state levels. However, some states use a different term called second-degree manslaughter, which is equivalent to voluntary manslaughter. 

Class 2 felony 

Involuntary manslaughter is an offense involving negligent driving that results in the death of another person. It is punishable by a fine of up to $5,000 and one to ten years in prison. Other penalties can be applied, including an ignition interlock device, license suspension, or an ignition interlock device. 

This felony charge is more severe than a standard DUI. A Class 2 felony conviction for drunk driving and killing someone can result in jail time of up to seven years. In addition, vehicular manslaughter, a lesser crime, can result in enhanced prison sentences. The punishment can also depend on whether the driver was under the influence of drugs or alcohol or was driving in a school or construction zone. 

If a person is charged with vehicular homicide, the penalty is higher than for a DUI. In Louisiana, this charge carries a five to thirty-year prison sentence with no possibility of parole for the first three years. Additionally, the fines for vehicular homicide increase based on the blood alcohol concentration and if you’ve had any prior offenses. Oftentimes, the punishment will also include completing a substance abuse program and/or a driver improvement program. 

Civil wrongful death lawsuit 

If you have lost a loved one in a drunk driving accident, you can fight for a fair settlement by filing a civil wrongful death lawsuit against the driver. You do not have to handle this alone – working with an experienced wrongful death attorney is important. They will be dedicated to helping you get the compensation you deserve. 

If the driver is found guilty of drunk driving and killing a person, they may face economic and noneconomic damages as well as punitive damages. Punitive damages are designed to punish the driver for their gross negligence and deter future drunk drivers. In addition to this, a criminal conviction may also be pursued to punish the driver. 

In Louisiana, driving while intoxicated is illegal. The legal blood alcohol level is 0.08% for commercial drivers and 0.02% for minors. A driver who violates this law can face criminal penalties, but a civil lawsuit will not interfere with criminal proceedings. A civil lawsuit will seek damages for the victim’s loss as well as punitive damages that aim to punish the driver for his egregious negligence. 

What Is The Punishment For Drunk Driving And Killing Someone? | Montag Law Office