Unlike murder, vehicular homicide does not require the intent to kill another human being. A DUI that results in fatalities is considered a serious crime in every state in the United States. If you have been charged with a DUI and vehicular homicide you should immediately hire a law firm with an excellent reputation and experience in defending against these charges. You must be aware that when there is a vehicle-related death with drinking or drugs involved, it is very likely the police officers will place the blame squarely on the person driving under the influence--whether or not it was actually their fault.
There are different charges that may be used against you, depending on your state, including:
- You may be subject to Second-Degree Murder charges while driving under the influence if malice is believed to be a factor, meaning you acted intentionally to cause the death of another human being or acted in a manner that you knew, or should have reasonably known could cause fatal injuries. Depending on your state, a second-degree murder conviction while driving under the influence can get you fifteen years to life in prison.
- You can be charged with Vehicular Homicide, either as a felony or a misdemeanor; if it is charged as a felony, you will face time in the state prison, and if it is not your first offense, you could receive the same sentence as a conviction of second-degree murder--fifteen years to life.
- A charge of Vehicular Manslaughter While Intoxicated With Gross Negligence can bring a penalty of up to ten years in prison unless this is not your first offense, in which case you could receive up to fifteen years to life.
- If you are charged with Vehicular Manslaughter While Intoxicated Without Gross Negligence, you can still receive time in the state prison.
- A Hit and Run Causing Death or Injury will have penalties of at least five years in state prison.
There are legal strategies that can ensure the best possible outcome in your particular case, and an experienced attorney has the skill to implement those strategies in the best possible way. An attorney with a solid history of defending DUI cases will make sure an independent investigation of the accident scene is conducted in order to determine what really happened. He will also work with experts to independently verify the accuracy of the chemical tests which were conducted and will determine whether your legal rights were violated during your arrest, working aggressively to get your charges dropped or reduced.
