What are the consequences of death due to DUI (vehicular homicide)?

A DUI is a serious offense but if someone is killed as a result of a crash while the driver was clearly intoxicated then charges are far more serious. Some people believe they should be hung on the spot. That is how it used to be handled – just read Lonesome Dove with Gus and Call (it is really rather simple if someone is clearly guilty). Are we more civilized now or just weak? Moreover, even when the driver has a low blood alcohol content (BAC) level the driver is set to face severe charges.

This is why it is important to understand how death can impact your DUI case, if you happen to be involved in one. If you go by the word of Atlanta, GA drunk driving accident lawyers, it is important to seek legal counsel as soon as possible since vehicular homicide can lead to adverse consequences including fines and an extended jail term.

What is vehicular homicide?

A vehicular homicide charge can be filed against a drunk or drugged driver when someone is killed in an accident. In some states the prosecutor will have to show through witnesses and evidence that the driver was intoxicated while operating the vehicle when the accident happened.

The prosecutor will have to also prove a proximate cause for the death which in this case is alcohol impairment of the person who caused the accident. The proximate cause is the most significant and the direct cause of the injury, according to drunk driving accident attorneys in Central Georgia and if you need legal help you can go right here: Drunk-Driving-Accident.USAttorneys. Give us a call, we can help salvage your life.

How states define vehicular death

In some states, vehicular death is considered murder with malice. This means if a driver is charged with homicide then he or she will face penalties that are harsher than other states. In some states death by vehicle carries a manslaughter charge. This involves intent to kill but not malice.

In a few states manslaughter is defined as actions that are negligent, reckless, and wanton. There are different degrees of manslaughter, say drunk driving lawyers in Atlanta, GA. A driver can face either a voluntary manslaughter charge or an involuntary manslaughter charge.

The latter is a lesser offense and penalties are not as extreme as the first one. In a handful of other states the drunk driver can be charged with criminally negligent homicide. This means that the driver drove in a criminally negligent manner which contributed to the accident. In all these cases, the victim’s estate will have the right to claim compensation for damages caused by the DUI accident.

Defending vehicular homicide

The problem for the defendant in a vehicular homicide is that he or she will find it hard to find favor with the jury. If the defendant has never faced a DUI conviction, his or her legal counselor will try to reduce the penalties by asserting the driver’s clean legal history.

The evidence gathered by the investigators and the eye witnesses are cross examined both by the prosecutor and the defense. The latter will try to sow seeds of doubt in the mind of the jury regarding the evidence in the case, which is often circumstantial. Both the defense and the prosecution will participate in the legal tussle based on the same set of evidence, which are:

• Proper identification of the person behind the wheel of the vehicle which cause the accident
• Evidence such as tire marking, accident scene photos, and forensic analysis of the vehicle including damage assessment
• The crash investigator’s testimonial
• Cross examination of expert witnesses

There are certain questions that a defendant in a DUI accident case must ask their legal representative. If both the drivers were drunk and one of them dies can this fact be used as defense? If the defendant was under the influence of prescribed medication and not alcohol can this help in his defense? And lastly, if the accident can be attributed partly to bad weather and partly as a result of intoxication can this point be used as a defense?

You can have all these questions answered by a fantastic and tremendous Atlanta, Georgia drunk driving accident lawyer. So make sure to seek legal counsel right away.

There used to be a pitcher for the Atlanta Braves named Greg Maddux. He was one of the best pitchers of all time and known for his accuracy. If you want a lawyer of this caliber, give us a call.