Many people worry about the impact of being charged with driving under the influence (DUI). Unfortunately, that is not the worst that could happen if you drive while you are intoxicated. If you cause an accident that results in someone’s death while driving under the influence, you may face DUI manslaughter charges. Understanding what that means, how the charges are proven, the penalties, and what defenses you may be able to offer against the charges is important to avoiding the criminal record and other negative impacts a conviction can bring. At Driving Defense Law, our experienced Virginia DUI accident lawyers understand these charges, what the prosecution will do to prove your guilt, and how to help you build a strong defense or negotiate for reduced charges. Call (757) 929-0335 to schedule a free consultation and learn more about your legal options during a case review.
What Is DUI Manslaughter?
DUI manslaughter is also known as DUI involuntary manslaughter. The definition of this charge is that a driver caused the death of another person unintentionally while driving under the influence of alcohol or drugs. The other person may be another driver, a passenger in any vehicle (including the vehicle of the driver being charged), cyclist, pedestrian, or another bystander. Virginia Code § 18.2-266 defines driving while intoxicated as operating any motor vehicle, train, or engine while their blood alcohol content is 0.08% or higher, or while under the influence of alcohol, narcotic drugs, or any other self-administered intoxicant drug or any nature, including a combination of drugs.
The prosecution must prove that the driver was driving under the influence of drugs, alcohol, or both and that they unintentionally caused another person’s death in order to convict them. This must be proven beyond a reasonable doubt.
How Is It Proven That The Death Was Caused Unintentionally?
To convict a driver of DUI manslaughter, the prosecution cannot just prove that the driver was intoxicated at the time of the accident. The prosecution must prove that the death was caused by the driver’s driving under the influence. In other words, they must prove that the death occurred because of the effects that the drugs or alcohol had on the driver and that without those effects, the death would not have happened. For example, a driver who has had one beer may be technically considered intoxicated, but that one beer may not affect their ability to drive in ways that could lead to an unintentional death.
The first step to that is proving that the driver was intoxicated. This can be proven with a chemical blood or breath test with results indicating that the driver’s BAC was above the 0.08% legal limit to be able to drive. Any driver with a BAC above the legal limit is presumed to be under the influence. A driver can have a BAC under the legal limit and still be charged with DUI, however. Driving under the influence can also be proven if the impairment was observable at the time of the accident. Observable impairment may include the driver’s appearance, speech, behavior, or muscular movements. Slurred speech, glassy or bloodshot eyes, weaving or driving erratically, failing at performing field sobriety tests, or admission of drug or alcohol use can all be used as evidence of observable impairment.
What Are the Penalties for DUI Manslaughter?
One important aspect of this particular driving offense is that the driver can be charged for both a DUI and DUI manslaughter and can face the penalties for both. Being convicted of the DUI charge may also make a conviction for DUI manslaughter easier.
DUI Penalties
Penalties for a DUI are primarily dependent on whether it is the first conviction or a subsequent offense. For a first conviction, Virginia Code § 18.2-270 indicates a DUI is a Class 1 misdemeanor with a mandatory minimum fine of $250 and the possibility of five to ten days minimum in jail. A second offense less than five years from the first has a fine of $500 and one month to one year in jail. A third offense occurring less than 10 years from the first becomes a Class 6 felony, with a minimum of 90 days in jail or six months in jail if all three DUI offenses occurred within five years.
DUI Manslaughter
DUI manslaughter, or DUI involuntary manslaughter, is a Class 5 felony. If convicted, the driver can face up to a $2,500 fine, a minimum of one year to up to ten years in prison, seizure or forfeiture of their vehicle, six demerit points on their driving record, and indefinite revocation of their driver’s license. If you are facing a DUI manslaughter charge, Driving Defense Law may be able to assist you in building your defense or negotiating with the prosecutor to reduce the charges.
In addition to these legal penalties, there are additional penalties to consider. Conviction results in a permanent criminal record that will follow the individual throughout their life. This can create difficulties in finding housing and employment, among other struggles.
When Does a DUI Manslaughter Charge Become Aggravated DUI Manslaughter?
DUI manslaughter becomes aggravated DUI manslaughter when the driver’s conduct is so wanton, gross, and culpable that it shows a reckless disregard for human life, per Virginia Code § 18.2-36.1. A reckless disregard for human life is also known as criminal negligence.
Criminal negligence, or the difference between DUI manslaughter and aggravated DUI manslaughter, is determined based on whether the driver knew, or should have known, of the potential consequences of their actions and chose to take those actions anyway. If an individual is charged with and convicted of aggravated DUI manslaughter, they face harsher penalties, including a minimum of one year up to 20 years in prison, plus a fine of up to $2,500.
What Kind of Defenses Are There Against These Charges?
Individuals charged with DUI manslaughter are not defenseless. There are several defenses that may be able to be used against these charges. The first defense is to challenge the assertion that the driver was intoxicated. This can be done by hiring expert witnesses who can testify about any flaws or inaccuracies in laboratory results.
Another potential defense is to demonstrate that the driver’s driving did not directly cause the deceased individual’s death. The prosecution must establish a direct link between the driver’s driving under the influence and the incident causing the death. Reviewing the autopsy and the deceased’s previous medical records may reveal another potential cause for their death. A third defense that may be raised is to highlight any external factors that may have contributed to the accident, such as another driver’s negligence or adverse road conditions. There may also be other defenses unique to a driver’s circumstances that can be used.
Why You Should Consider Hiring a DUI Accident Attorney
A DUI charge by itself can have a significant and lasting impact on your life. When the charge is DUI manslaughter, the deceased’s family will be seeking justice and their grief may help sway a jury. An attorney may be able to help you build a strong defense that proves you are not responsible for the death and overcomes any sympathy a jury may feel for the deceased’s family. A knowledgeable Virginia DUI accident attorney may also be able to assist you in negotiating for a lighter sentence or reduced charges. Call Driving Defense Law at (757) 929-0335 to schedule a complimentary consultation and let one of our skilled attorneys review your case.
