Manslaughter

The most serious of all drunk driving cases are those that involve the death of a person or persons. Punishments in these cases will be very harsh. When a person dies in a drunk driving incident, the prosecutor will usually charge the driver with second degree murder, vehicular homicide, or manslaughter. An experienced California DUI / DWI lawyer can often negotiate a plea bargain with the prosecution. If a fair compromise is not available, then a qualified attorney can vigorously defend against the charges in a trial.

Manslaughter is defined as the killing of another person without intent, but with the knowledge that one’s actions are likely to cause death. The theory behind this definition is that a person who drinks and drives knows that drinking and driving is dangerous and that it could lead to killing a person. This is also defined as criminal negligence.

In manslaughter, intent is not the issue. In all but a few cases, an individual driving under the influence of alcohol does not intend to kill anyone. The prosecution will argue however, that the person knew that his or her actions could lead to a person’s death. When a driver has previous drinking and driving convictions, the prosecutor will be able to argue that the driver really did know how dangerous his or her actions were.

If a DUI / DWI attorney can evaluate the evidence and subsequently prove that the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. Independent experts will investigate the facts behind the drunk driving charge. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident.

Chemical tests are typically conducted an hour or more after an incident. This may be especially true when the driver was also injured in the crash. Due to the lateness in conducting the tests, there can be no irrefutable evidence as to what the driver’s BAC was at the time of the incident. It is entirely possible that the driver’s BAC could have increased between the time of the accident and the time of the blood test or breath test.

A competent criminal defense attorney and his or her team of experts will conduct an independent investigation into the facts of the case. An attorney who focuses on drunk driving criminal defense will hire independent investigators to do forensic research and accident reconstruction in order to discover evidence that is favorable to the defendant. An independent investigation is crucial because the defense is up against the police and prosecutors who have the resources to investigate every aspect of the accident in order to collect evidence against the driver.

The consequences in manslaughter cases are harsh. It is therefore crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team will evaluate each case to determine the best possible defense in order to minimize any potential punishments.