Discover Potential Penalties and Defense Options for Killing Someone While Driving Drunk
It is no secret that drunk driving can kill yet people do it every day. In some cases, drivers may not realize that their driving is impaired. In others, the driver may simply make a bad decision. While the penalties for any DUI can be significant, a DUI that causes the death of another person can result in even more devastating penalties.
If you are in this position, or a loved one is, then we urge you to keep reading to learn more about DUI manslaughter and DUI murder. Then contact The Mattern Law Firm at 310-342-8254 to request a free legal consultation from an experienced attorney.
California’s Drunk Driving Laws
First, let us consider what it means to drink and drive according to California law. In every state, including California, a person who has a blood alcohol content of .08% or more is guilty of drunk driving. If a person is a commercial driver then their limit is .04%. If you are over this limit and you are stopped by the police, or get into an accident, then you could face DUI charges. The number of drinks you can have before being over the BAC depends on several factors, including weight. For some, just two beers can put them over the line.
The Definition of DUI Manslaughter
If an intoxicated driver causes an accident in which a person dies, but the impaired driver did not intend to kill them, then the charge may be DUI manslaughter. There are two categories within this charge. DUI manslaughter with ordinary negligence involves cases in which the defendant violated traffic laws but was not extremely negligent. For example, the driver may have glanced down at their phone before causing the accident.
The second time is DUI manslaughter with gross negligence, which involves a case in which the impaired driver was very reckless. An example would be a driver going the wrong way down a one-way road. Consequences for either type of DUI manslaughter can include loss of license, restitution to the family of the victim, and prison time.
The Definition of DUI Murder
When a person has a previous DUI conviction and is later involved in a DUI accident in which a person dies, then they may be charged with DUI murder. If convicted, a person faces decades in prison and huge fines. They need an experienced criminal defense attorney to ensure that they get the defense they are entitled to.
Call Us Now for a Free Legal Consultation
If you or a loved one has been accused of or charged with DUI manslaughter or DUI murder, then now is the time to contact a criminal defense attorney for a free legal consultation. You can easily reach The Mattern Law Firm by calling our offices at 310-342-8254. We are standing by to help you find the best way forward.