DUI stands for Driving Under the Influence. These are general terms for those who are driving while intoxicated or on drugs. This is not legal to do, and not safe. There have been accidents that happen by those driving under the influence causing a person to become seriously injured, or even dying because of the injuries they’ve sustained from being in the accident that the other person caused.
DUI is a serious charge by itself, but adding manslaughter or murder to the charges can make it even more serious for the person being charged. Learning more about this particular charge is a good thing because it can help you if you are ever charged with it, or to stay away from being charged with any of these because you want to be safe. If you ever do happen to be charged with such a crime, reach out to your nearest criminal defense lawyer to get the help you need.
These charges are much more common than murder charges that arise from a DUI, mostly because the murder was not premeditated. However, there are two types of DUI manslaughter charges that can be brought against the driver: ordinary negligence and gross negligence. Both of these cause a murder but they are treated and charged for differently depending on the circumstances surrounding the accident.
Usually in this type of case, the driver is arrested after being pulled over, found to be intoxicated and has killed another person as a result of driving while intoxicated. This is a serious offense because the other person has lost their life, and the person being charged knew it was dangerous and illegal to drive while drunk.
DUI Manslaughter Ordinary Negligence
This is usually seen as not as serious because the driver has caused the fatality while looking down or being distracted and breaking a traffic law. They may have looked down to pick something up or to check their phone.
This is also vehicular manslaughter when someone does something like this in their vehicle but is not under the influence of drugs or alcohol when they kill someone with their vehicle due to not paying attention to the traffic signals and signs.
DUI Manslaughter Gross Negligence
Gross negligence for DUI manslaughter happens when the driver causes a fatality while driving recklessly by driving on the sidewalk or on the other side of the road while intoxicated. This is a more serious charge because the person is not doing what they should be and not considering following the road rules or laws at all while under the influence of drugs or alcohol.
The person who does this can lose their license, restitution paid to the victim’s families, or sometimes even jail time which can go up to 10 years in prison, or sometimes longer depending on the specific crime that was committed. Both of these charges are placed on the person’s permanent record, which is something to consider because it is going to show that you have committed the crime.
Though this is not the most common charge to come about from a fatality that happens when drinking and driving, it is one that can be brought up depending on the circumstances of the wreck. In some states, it can be difficult to charge a person with this charge because of not having enough evidence, but some variations of this charge might be brought against the person.
In some states, such as California, if the person shows an indifference to human life and kill other people, then they can be charged with this murder charge. Three things have to be proven in order for the person to be committed of DUI murder:
- The driver knowingly did the action without regard to human life
- The natural consequences came from the action that were dangerous to human life
- The death that was caused was due to an intentional act
These are sometimes referred to as “depraved-heart” killings because even though the person did not mean to kill the other people, they knew that their actions could have possibly resulted in something as serious as this. This is what happens when a person knowingly has been drinking and knows that driving while intoxicated or doing drugs is illegal and dangerous, then does it anyway, resulting in a death, actually knows what they are doing is wrong.
The person is conscious of their right and wrong actions, and they know the consequences of doing something like this is serious. This is why when charges such as these come up in the courtroom, many judges want to ensure that the person gets a serious fine or prison time because they want to show others that it is a serious issue that needs to be addressed.
These charges are more serious and can come with high fines, long prison sentences, and a long record that stays with the person, even if they are able to leave prison after some time.
Reaching Out to Professionals That Can Help
Those who are in a situation or being charged with one of these need to reach out to someone who is able to provide the help needed. This is because you cannot get out of these charges on your own, as both of them are serious.
These charges will usually be brought up in court, and a judge will determine if the person is guilty of them. This is because the person may have done things that can cause an accident that shows that they had no regard for human life. You can then use a professional to work with you on hopefully getting off of the charges, or lessening the sentence that comes with them when you are charged with them indefinitely.
Speak with the professionals at Parlin Law LC to find out how they might be able to provide the help you need. You just have to call them to let them know about your specific situation, so you can then find out if they are able to provide the help needed. Call today and see what they have to say and make sure to get the help you need.