DWI Resulting In Death: Charges, Penalties & More
DWI, or driving while intoxicated, is a serious crime in the US, especially if you get into an accident. Here, intoxication does not refer merely to alcohol but also on drugs that can hamper your normal physical and mental functions.
While being arrested for DWI is serious in itself, the penalties are more severe if you cause an accident resulting in death. While the punishment may vary depending on several factors such as the circumstances, place of accident, and so on, you can even end up being imprisoned for decades. Here is everything you need to know about the charges and penalties related to DWI resulting in death. Read on!
Charges For DWI Resulting In Death
While some states may choose to charge you for vehicular manslaughter or vehicular homicide, others may charge you under other general homicide laws.
Vehicular Manslaughter Charges
Vehicular manslaughter or vehicular homicide laws are applicable to motorists who are responsible for causing the death of someone while operating their vehicle. This is applicable for both negligent or reckless driving, as well as if the accused was driving while being intoxicated with alcohol or drugs.
The laws aren’t the same for all states. For example, some states within the US may charge the driver with vehicular homicide if they are found to be intoxicated and have caused death. On the other hand, a few states require additional proof of negligence or reckless driving before charging the driver under these laws.
General Homicide Charges
Not all states have specific laws in place for vehicular homicide. In such cases, the accused may be charged under the general homicide laws of the state. For example, an accident involving deaths can result in the following charges.
Involuntary Manslaughter
If a person is driving while intoxicated and ends up causing an accident with fatalities, they can be charged with involuntary manslaughter. In general, this refers to causing the death of another person unintentionally, usually due to recklessness or negligence on the part of the driver.
Negligent Homicide
Negligent homicide is a comparatively less serious charge when it comes to driving-related deaths. However, a driver can be charged under this law if it is established that they committed an act of criminal negligence that resulted in the death of a person.
Second-Degree Murder
Depending on the circumstances of the accident, the driver may also be charged with second-degree murder. This is applicable when the death is due to the intentional action of the driver, but without any prior planning.
What Are The Penalties?
The penalties also vary depending on the state of jurisdiction and the circumstances of the accident. The level of intoxication and the driver’s actions also affect the penalties levied on them. Depending on the state laws, such acts may be classified as either a misdemeanor or a felony.
A person convicted of a misdemeanor may be sentenced to up to a year in prison, while the sentence is much harsher for those convicted of a felony. In addition to imprisonment, other penalties include fines, probation or parole, the suspension or cancellation of the driver’s license, compulsory community service, and rehab.
Steps To Take If You Are Charged With DWI Killing
If you have been charged with DWI resulting in death, you should know that the consequences could be very severe. It’s always best to hire a reputed lawyer and let them handle the legal proceedings. Make sure to go for an experienced DWI attorney who is well aware of the state laws related to DWI and has a successful record in criminal defense.
Summing Up
You could be charged with a DWI resulting in death even if the accident was unintentional. While it would be difficult to relieve you of all charges altogether, hiring an experienced Houston DWI Attorney can increase your chances of receiving a lesser penalty.
