What would the most likely outcome be for being charged with a DUI which resulted in the death of someone?

Question

Charged with DUI; BAC level.22; Death resulting.

Leonard A. Kaanta · Answer

You are looking at a prison term, you need an attorney.

Jared Altman · Answer

Jail, more than likely.

Arthur Aiken · Answer

In South Carolina, I would expect a charge of felony DUI resulting in death. This carries 1 yr-25 yrs.

Anthony Sessa · Answer

There is no "most likely" answer.   GET A LAWYER TO PROTECT YOURSELF, ASAP!

Mark R. Thiessen · Answer

That's called intoxicated manslaughter and you are looking at up to 20 years in prison and a $10k fine.  You are in serious trouble.  Need to hire an amazing DWI trial attorney.

Randall England · Answer

In Missouri, if a person who is intoxicated with a .22% BAC level operates a motor vehicle with criminal negligence and thereby kills another person, he  commits the crime of involuntary manslaughter in the first degree, a class C felony. The punishment is up to 7 years in prison and the defendant must serve 85% of his sentence.  If the defendant has two or more prior DWI's (or similar offenses) that would make the new DWI a felony. When a person is killed in the commission of a felony, the state can charge the death as felony murder, a class A felony. Punishment would be between 10 and 30 years imprisonment, or life imprisonment.

John Toivonen · Answer

An intoxicated driver who causes the death of another person can face up to 15 years in prison. If the victim is a police officer or firefighter who is responding to an emergency, the penalty can be up to 20 years in prison. The actual sentence will depend of the prior criminal record and various factors.

Terry Nelson · Answer

Separate answer:  If you or yours are the victims of such a DUI, then you have civil wrongful death and damage claims that can and should by made against the driver and registered owners.  If serious about getting counsel to help in this, and if this is in SoCal courts, feel free to contact me.  There are time limits running, and you want to get started as soon as possible.

Larry Dunn · Answer

There is no way to accurately assess the "likely outcome" if a person is   convicted of DUI Causing Death except to say by statute the range of penalty  is  a Minimum 2 years and a Maximum 20 years Nevada State Prison. What  penalty a  judge will impose depends a many factors which are called mitigating  and  aggravating factors.

Eric Sterkenburg · Answer

A person convicted of DUI second-degree murder, faces the following sentence: fifteen years to life in the California State Prison, a fine of up to $10,000, and ? a strike on your record under California's Three Strikes Law. If there are any surviving victims that suffered great bodily injury as a result of the DUI offense, there is an additional and consecutive DUI penalty of three to six years in prison. If there is more than one surviving victim who suffers any injury, there is an additional and consecutive one-year sentence for each person, up to three years maximum.

Jeffrey Pollock · Answer

Unless really good atty and/or no record and compassionate victim's   family, Involuntary Manslaughter Negligent Homicide Conviction with some jail  time.

Jeff Yeh · Answer

State prison is a possibility. Which is why you will need one darn good DUI specialist. If you can get probation then you can stay in county. Even better, if your lawyer finds something wrong with the case, it may be knocked down to a misdemeanor or even dismissed.

Francis Cowhig · Answer

You can be charged with a number of things, including vehicular homicide.  I strongly suggest that you contact an experienced criminal law attorney immediately for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze you case and advise you of your options.

Timothy Klisz · Answer

Serious prison time. Get the best lawyer around, because this one will be tough.

John Rivers · Answer

The penalty for homicide by vehicle in the first degree is imprisonment for not less than 3 or more than 15 years. Assuming there are no factual or legal defenses or mitigating circumstances, you can anticipate some time in prison.

Willie Stephen Graves · Answer

Intoxication manslaughter charge. Felony. Probation is iffy. The guy on the receiving end of the charge needs a good lawyer, and so does the family of the person who died.

Samuel H. Harrison · Answer

Felony Vehicular homicide charge. 3 to 15 years.

Michael Dungan · Answer

If convicted of OWI causing death, a prison sentence, somewhere around 3 to 15 years, will vary depending on facts and any prior convictions.

Timothy Byrne · Answer

Felony conviction. Serve a range of 5-25 years in custody of MDOC. Fine and possibly restitution. Attend MDOC drug and alcohol program.

Russell Pietryga · Answer

Automobile homicide is a 2nd degree felony and the most likely outcome is prison.   2nd Degree Felony-unless the statute provides otherwise, for a term of not less than one year nor more than 15 years. Fine not to exceed $10,000+90% surcharge.

Harley Gutin · Answer

If you were found guilty you would be sentenced to a substantial time in prison (10-15 years).  You need to retain a good attorney.

Stephen Freeborn · Answer

Not good.   Felony DUI/Vehicular Homicide... probably 7 years minimum in prison.  Depending on what your criminal history is, it could be more, especially if you have had prior DUIs.  Get yourself a good attorney.

Scott Frankel · Answer

Without knowing more facts,  there is no way to predict the outcome. However, if a death has occurred the driver can be charged with reckless homicide. You should consult an attorney.

Steven Fairlie · Answer

This depends on the county you are in, but if you are convicted there is a three year mandatory minimum sentence.  This is a very serious charge and you should get in touch with a good lawyer who handles this type of case as soon as possible.

Michael Palumbo · Answer

The most likely outcome - Jail time and a civil suit to follow.

John Brennan · Answer

If you are found guilty, a felony conviction, jail or prison time and a fine.  There will be a revocation of your driver's privileges.  That has nothing to do with any civil action which will most likely be brought for damages by the deceased relatives or heirs.   Beyond that generality, it is impossible to answer your question definitively on the facts presented, please call my office with additional details and for an appointment.  You need very good and experienced attorney NOW!!

James Edward Smith · Answer

This charge is non-probationable and punishment can be up to 20 years.   Usually for a first offender it' s no more than 5.

Joseph Dane · Answer

Depending on the facts, it could be anything from a simple misdemeanor DUI (assuming the driver wasn't the cause of the death) up to Gross vehicular manslaughter while intoxicated or all the way up to second degree murder.  It all depends on the facts and the person's history (if any).

Gregory Graf · Answer

You should expect the charges will be amended and you will be charged with vehicular manslaughter; potentially murder charges.  There is little doubt that prison will be imposed if you are found guilty.  Get a lawyer now.

Daniel J. Pingelton · Answer

Almost assuredly, the state will file a manslaughter charge. The defendant must get an attorney ASAP.

Clayton Lockhart · Answer

You'll likely be charged with a DUI homicide (maybe manslaughter) which if convicted could result in being sentenced to jail for 20 years.

Dennis P. Mikko · Answer

Depending on the jurisdiction you are in, besides fines and costs, you are very likely facing some time in jail.

Gary Moore · Answer

In any case anything can happen because everything turns on the facts of the case. Your question can be best answered by an attorney who has a clear understanding of the facts of your case.

Gregory Crain · Answer

Probably a manslaughter charge.

Michael Jones · Answer

I would expect charges for vehicular homicide which would almost certainly result in a prison sentence.  You MUST seek immediate assistance from an experienced, local attorney.  All is not lost, my last client accused of DUI that resulted in in a death was resolved with a plea that resulted in a short county jail sentence and stringent probation.

Michael J. Breczinski · Answer

If convicted, the person would probably go to prison for a period of time.

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What would the most likely outcome be for being charged with a DUI which resulted in the death of someone?

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