What are the consequences for causing a death due to DUI/DWI?

A Texas DUI is a serious offense where the driver who caused death while driving under influence is liable to be charged with vehicular homicide. Even when the driver’s blood alcohol level was well within the limit of .08, he/she will not escape the consequences of taking another life in a crash. The legal expertise of a Central Texas drunk driving accident lawyer such as those from the Robson Law Firm is put to the test since the jury is never sympathetic towards a vehicular homicide offender.

What is vehicular homicide?

• A homicide happened
• A vehicle was involved
• The driver was impaired due to alcohol consumption causing the accident

State laws vary a significant deal. In some states the prosecutor will have to prove that the driver was intoxicated during the accident to secure a conviction. In other states such as Texas the prosecution will have to establish the proximate cause i.e. they will have to prove that the death happened because the driver was intoxicated, and therefore alcohol consumption was the proximate cause of the death and Austin, TX drunk driving accident lawyers will be all ears on this one. Some of the best in the business in this part of Texas work for the Robson Law Firm.

The Robson Law Firm knows the law and knows the system. They know how to attack the other side’s case. They have several strategies they are ready to employ and they know how to work with people charged with serious crimes.

When does a vehicular homicide become crime?

Whether a particular vehicular homicide will be dealt as crime depends on the laws of the state where the accident happened. In some states deem vehicular homicide as murder and this means that defendant will be charged with malice. Your Austin drunk driving accident attorney will have to work harder to get you off the hook if you face a murder charge.

In other states the defendant may face manslaughter charges. The drunk driver is not charged with intent to kill but his actions are described as wanton, extremely negligent, and reckless. There are two types of manslaughter; voluntary and involuntary.

In some jurisdictions the defendant can be charged with a lesser offense of criminally negligent vehicular homicide.

Proving and Defending Vehicular Homicides

Austin, TX drunk driving accident lawyers such as those from the outstanding and impressive Robson Law Firm reiterate that there are various factors involved in providing and defending vehicular homicide. Much of it depends on the evidence that are collected from the crime. For the most part, the prosecution as well as the defense lawyer’s task is difficult.

From the defense perspective, vehicular homicide cases are difficult for legal professionals because their client’s image is already tarnished and he or she is likely to be seen by the jury as being irresponsible. The prosecutor too will face the challenge of proving the defendant’s guilt based on circumstantial evidence since witnesses are not often found.

Some questions asked by the police and legal investigator?

• Who was driving the vehicle?
• Was the driver intoxicated at the time of the accident?
• Was it the defendant’s car that was involved in the accident?
• Was there any other party who can be blamed for the accident?

What is the evidence that is cross examined in court by the prosecutor and the drunk driving accident legal professional?

• Often the defendant is asked to take the stand for a cross examination by the legal representative.
• Cross examination of witnesses who are asked to identify the defendant.
• Evidence like photos of the crime scene, forensic analysis reports of the car and the victim’s body, measurements and markings on the road, physical evidence, etc.
• The testimony of the crash investigator and demo by the crash reconstructionist are important evidence.
• Expert witness testimony to prove the proximate cause of the accident is also considered.

The defendant must engage and hire a Central Texas drunk driving accident lawyer so they have a better chance of having some of these charges knocked backward or deflected.  

The Robson Law Firm (http://robsonlawfirm.com/) knows how to engage in legal warfare and they have many ways to put their client in a better light. They have a long list of satisfied clients, you can too be on the list.