Questions About DUIs Resulting in Death

For the past 10 years, there have been over a thousand alcohol crash-related fatalities in California per year. If you are involved in a case like this, you need an experienced, qualified drug crimes defense lawyer in California.

Driving under the influence is a serious matter, and in some cases, it can result in death. Crashes that occur under the influence of alcohol can result in serious penalties, especially if they result in death.

Here are some important facts to know about DUI-related deaths.

2 Questions About DUI Resulting in Death

If you were involved in a DUI accident involving death, you might have questions about the situation and what it means for you, both legally and in terms of potential penalties. 

Here are answers to some of the most pressing questions related to DUI accidents that have caused death.

1. Does Conviction Mean Prison?

A DUI conviction doesn’t inherently mean prison time. In fact, most misdemeanor DUIs entail time in the county jail rather than prison. 

However, after the first three DUIs, the minimum sentence increases to six months, with a maximum sentence of one year. Felony DUIs typically carry harsher penalties, with a minimum sentence of one year in state prison. 

Having a lawyer on your side can help you avoid prison and the worst possible outcomes. A legal professional can help you strike a favorable plea bargain and argue in your favor.

2. How Does a Prosecutor Prove the Elements of DUI Murder?

It is possible for a prosecutor to attempt to prove that a DUI deserves a charge of murder. It’s also called a Watson murder. 

A prosecutor must prove all elements of DUI murder in court. The defendant must have a prior DUI conviction in order for the prosecution to seek a Watson murder conviction. 

First, they must prove that the defendant committed an intentional act that took a human life. Next, they must prove that their actions were inherently dangerous to other humans on the road. Finally, they must prove that the defendant had a conscious disregard for the potential outcomes of their actions. 

In this situation, they must prove that you were intoxicated with a blood alcohol concentration over the legal limit, that you intended to drive, and that you were aware of the potential consequences of drunk driving. 

Three Possible Charges for DUI in California Resulting in Death

When someone is convicted of a DUI incident resulting in death, there are several possible outcomes. The final conviction depends on the nature of the crime as well as the court’s view of what has happened. 

All of these are serious crimes with severe penalties, but some involve more jail time or steeper fines. Some defendants may face additional charges, like having to pay restitution for the victim’s and their family’s losses. They all involve a long license suspension as well.

When it comes to drug crimes that have different possible outcomes, it is essential to seek legal counsel from an expert.

DUI Vehicular Manslaughter – Misdemeanor

In some situations, vehicular manslaughter can be considered a misdemeanor. The maximum misdemeanor sentence is a year-long jail sentence and a fine of $1000. It also includes a year-long temporary loss of license.

The license suspension may be longer than a year. The conviction comes to pass when a person drives under the influence, and their actions result in death.

DUI Vehicular Manslaughter – Felony

The defendant’s blood alcohol level, as well as any drugs present in their system, will determine if the DUI-related killing is considered a felony with harsh penalties.

A blood alcohol content (BAC) twice the legal limit, for example, may cause a prosecutor to treat a case like a felony.

The maximum felony jail sentence is up to four years in prison and a fine of $10,000. If drugs were involved, the maximum sentence is six years in prison and a maximum fine of $10,000. 

Gross DUI Vehicular Manslaughter

Gross vehicular manslaughter carries some of the steepest penalties, and they are much harsher than a standard DUI or even DUI vehicular manslaughter. 

If you are convicted of this crime, you face a minimum prison sentence of anywhere from 10 years to life. There will also be a fine of $10,000. 

What is a Watson DUI Murder?

A Watson DUI murder is a situation when the prosecution decides to pursue a case as a second-degree murder.

This type of case can only occur if the defendant has already had a DUI charge and has been given the Watson admonition, which explicitly tells drunk drivers that if they continue to drive while intoxicated, they may face charges of murder.

However, if the defendant was not given this speech, they would not usually face murder charges. 

The prosecution must prove that the defendant showed a disregard for life and was, in fact, aware of the risks of drunk driving. That knowledge is what tips a drunk driving incident into murder in the eyes of the law.

There may be additional penalties for survivors who face issues like permanent disfigurement, arm injury, and other life-altering effects.

LibertyBell Law Group is Your Sound Legal Defense for DUI Resulting in Death

If you are involved in a DUI accident that resulted in death, hiring a drug crimes defense lawyer in California will help you protect yourself and even avoid jail time. The right lawyer will take extra steps like hiring an accident reconstruction expert witness who can show what really happened.

LibertyBell Law Group is known for its dedication to helping all clients avoid jail time and negative consequences. We work hard to get a charge reduction and other positive results.

Schedule a consultation so we can discuss a legal plan for your case, you may contact us at 877-545-3559 at LibertyBell Law Group today!