I’m involved in a drunk driving accident in which someone was killed, what are the consequences?

Drunk driving, if you are charged with it, is a serious offense but if someone is killed as a result of a car accident while the driver was clearly intoxicated then the defendant is likely to face far more serious charges. Even when the driver has a low blood alcohol content (BAC) level the charges for causing a drunk driving auto accident are severe.

If you happen to be involved in such a car accident, it is important to understand how death can impact your DUI case, say Atlanta, GA drunk driving accident lawyers. 

What is vehicular homicide?

A vehicular homicide charge is filed against a drunk or drugged driver when someone is killed in a car accident. For the most part, the prosecutor will have to prove through witnesses and evidence that the car driver was intoxicated when the accident occurred.

In some states the prosecutor will have to prove a proximate cause for the death which in this case is alcohol impairment. Proximate cause is the most significant and direct cause of the injury, according to drunk driving auto accident attorneys in Georgia.

There are different degrees of manslaughter. A driver can face a voluntary manslaughter charge or an involuntary manslaughter charge. The latter is a lesser offense. However, in every case the victim’s estate will have the right to claim compensation for damages caused by the DUI accident, according to drunk driving accident attorneys in Georgia.

Defending vehicular homicide

It is never easy for a defendant in a drunk driving car accident case to find favor with the jury. If the defendant has never been charged with a DUI before, his or her defense legal pro will attempt to reduce the penalties by asserting the driver’s clean legal history. Evidence gathered by the investigators and the eye witnesses are cross examined by the prosecutor and the defense.

The latter will make every effort to sow seeds of doubt in the mind of the jury regarding the evidence, which is often circumstantial. Both the defense and the prosecution argue based on the same set of evidence, which include who was at the wheel at the time of the auto accident, car evidence such as tire marking, auto accident scene photos, and forensic analysis of the vehicle including damage assessment. The crash investigator’s testimonial and cross examination of expert witnesses are also integral parts of the process.

If you want to see outstanding legal counselors go back and forth you should watch the movie The Lincoln Lawyer with Matthew McConaughey playing Mick Haller who deftly battles Ted Minton (Josh Lucas). Evidence is vital and if key evidence is excluded in the case then that would have serious repercussions pertaining to the result.

Drunk drivers ruin lives. You can financially ruin theirs with a drunk driving auto accident attorney in Georgia.

For the most part, there are many concerns that anyone involved in a drunk driving accident case have. One of the major issues is if both the drivers were drunk and one of them is killed 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? Another issue is if the auto accident can be attributed partly to bad weather and partly as a result of intoxication can this be used as a defense.

If you are involved in a drunk driving accident this is the right time to have all these questions answered by a Georgia drunk driving car accident lawyer.

Like Mick Haller, this website Drunk-Driving-Accident.USAttorneys is a winner. If you need legal assistance, your prayers have been answered.