What would the most likely outcome be for being charged with a DUI which resulted in the death of someone? 68 Answers as of August 16, 2012

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

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Based on the facts that you have presented a felony charge of negligent homicide could be brought by the United States Attorney's Office in addition to a DUI charge brought by the Office of the attorney General of the District of Columbia.
Answer Applies to: District of Columbia
Replied: 8/16/2012
Reeves Aiken & Hightower | Arthur K. Aiken
In South Carolina, I would expect a charge of felony DUI resulting in death. This carries 1 yr-25 yrs.
Answer Applies to: South Carolina
Replied: 8/10/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
You are looking at a prison term, you need an attorney.
Answer Applies to: Michigan
Replied: 8/10/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Jail, more than likely.
Answer Applies to: New York
Replied: 8/10/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
There is no "most likely" answer. GET A LAWYER TO PROTECT YOURSELF, ASAP!
Answer Applies to: California
Replied: 8/10/2012
    Alvin Lundgren | Alvin Lundgren
    Jail time, revocation of license, fines, possible civil damages.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You would probably end up doing some jail time, and if very lucky, a short stay in jail with probation, but at least several days in the jail are likely.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    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.
    Answer Applies to: Missouri
    Replied: 8/10/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The charge will likely be murder.
    Answer Applies to: Alabama
    Replied: 8/10/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    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.
    Answer Applies to: Texas
    Replied: 8/10/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely a form of vehicular homicide.
    Answer Applies to: Kansas
    Replied: 8/10/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    DUI causing death is a 15 year maximum felony; however, the prosecutor could also charge 2nd degree murder which carries a life maximum.? Either way prison time is a likely outcome if convicted.? I suguest hiring a well qualified and well connected attorney to handle your case.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Toivonen Law Office | John Toivonen
    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.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Prison time.
    Answer Applies to: Missouri
    Replied: 8/10/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    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.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    You'll likely be charged with a DUI homicide (maybe manslaughter) which if convicted could result in being sentenced to jail for 20 years.
    Answer Applies to: Mississippi
    Replied: 8/10/2012
    Michael E. Jones, P.S. | Michael E. Jones
    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.
    Answer Applies to: Washington
    Replied: 8/10/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If convicted, the person would probably go to prison for a period of time.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Gregory Crain | Gregory Crain
    Probably a manslaughter charge.
    Answer Applies to: Arkansas
    Replied: 8/10/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    A lot of the outcome will depend upon the surrounding circumstances. What I can tell you initially is that you are facing a potential prison sentence of not less than 2 nor more than 10 years. It is an extremely serious offense and you should speak with a qualified DUI attorney immediately.
    Answer Applies to: West Virginia
    Replied: 8/10/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    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.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    This is regarded as DUI manslaughter and you could be facing substantial prison time.
    Answer Applies to: California
    Replied: 8/10/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Depending on the jurisdiction you are in, besides fines and costs, you are very likely facing some time in jail.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The answer depends on your history, the victim, and what you have done to insure it won't happen again. We handle this type of case give us a call.
    Answer Applies to: Nebraska
    Replied: 8/10/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    In most jurisdictions, someone in that situation would be facing significant prison time. The defendant needs to hire an experienced DUI lawyer.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    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.
    Answer Applies to: California
    Replied: 8/10/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Very serious charge, most likely a prison commitment. Get representation asap.
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Unless really good atty and/or no record and compassionate victim's family, Involuntary Manslaughter Negligent Homicide Conviction with some jail time.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2012
    Universal Law Group, Inc. | Francis John Cowhig
    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.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    You don't say what the accuseds prior criminal history with the law is, but even if it is their first arrest, expect any plea offer to include jail time.
    Answer Applies to: New York
    Replied: 8/10/2012
    Nenye Uche—Attorney at Law
    Nenye Uche—Attorney at Law | Nenye Uche
    In Illinois, a DUI that involves death is called an Aggravated DUI. Aggravated DUI's are class 2 felonies and come with severe penalties. With regards to your case, if one person was killed, the the individual in question is looking at 3-14 years in prison. If 2 or more were killed, then the individual in question is looking at 6-28 years in prison. A DUI charge is very technical. Sometimes police officers make mistakes. These mistakes could cost the prosecution their case. My suggestion: hire an attorney who will go over the facts thoroughly.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Attorney at Law | John P. Rivers
    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.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Prison between 10 and 20 years. Good luck.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Serious prison time. Get the best lawyer around, because this one will be tough.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    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.
    Answer Applies to: Texas
    Replied: 8/10/2012
    T.K. Byrne | Timothy K. Byrne
    Felony conviction. Serve a range of 5-25 years in custody of MDOC. Fine and possibly restitution. Attend MDOC drug and alcohol program.
    Answer Applies to: Mississippi
    Replied: 8/10/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Felony Vehicular homicide charge. 3 to 15 years.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    If convicted of OWI causing death, a prison sentence, somewhere around 3 to 15 years, will vary depending on facts and any prior convictions.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 8/10/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    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.
    Answer Applies to: Florida
    Replied: 8/10/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Without more I can not properly advise you. What I suggest is that you seek and retain an attorney at once. If you do not have an attorney and you would like to discuss the matter further, please feel free to give our office a call.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Pietryga Law Office | Russ Pietryga
    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.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Bad and many more charges including vehicular manslaughter. You are looking at up to 1 year in Jail, license suspension & a $2,500 fine. You better call the Bull Dog. We have been doing this for over 20 years. We know all the technical defenses.
    Answer Applies to: Virginia
    Replied: 8/10/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    You matter would be considered/called a Vehicular Death, and the District Attorney will file a criminal complaint for Murder or Vehicular Manslaughter. You need to immediately consult with an experienced Criminal Trial Attorney to determine if suppression of evidence or dismissal motions may be filed. The outcome will also depend on the outcome of Pre Trial Conferences and trial in your matter. If you need further information, please contact me.
    Answer Applies to: California
    Replied: 8/10/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    The likely result will be a prison sentence.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are convicted of vehicular homicide you will probably be sentenced to a jail term of 6 months to a year or a prison term of a few years or longer depending on the circumstances of the case. It will also depend on which city you are in, who represents you, which judge handles the case, and how much publicity the case gets. Driving drunk is a reckless act that often results in injury or even death simply because a person doesn't get in a taxi. If convicted the person will be sued for a million dollars and lose their license for a long time. The insurance would be very expensive if they are ever allowed to drive again and they would find it very difficult to get a decent job for the rest of their lives. That is why it is so much smarter and cheaper to call a taxi than to get into a car if you have had even just a few drinks.
    Answer Applies to: New York
    Replied: 8/10/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    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.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2012
    Frankel & Cohen | Scott Jay Frankel
    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.
    Answer Applies to: Illinois
    Replied: 8/10/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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!!
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Oh, I'm so sorry. Hopefully, this is your first DUI. If not, it is more likely that you will be charged with manslaughter. If your record is otherwise unblemished, then it will be a matter of evaluating the details of the case: how egregious your behavior was that night (bad driving, how much property damage, your degree of cooperation, etc.) and whether there were any mitigating circumstances (something terrible that had just happened to you, bad news you had received, etc.) But make no mistake, you need to get an excellent attorney; this is a possible prison case. Good luck.
    Answer Applies to: California
    Replied: 8/10/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    The most likely outcome - Jail time and a civil suit to follow.
    Answer Applies to: New York
    Replied: 8/10/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Probably a charge of Manslaughter with jail time.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The guideline sentence in Minnesota calls for a 48-month presumptive sentence. However if a person has no record, starts treatment, and takes other steps, with the right judge, a probationary sentence is possible, but likely would carry an 8-12 month jail component. Connected by DROID on Verizon Wireless
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    Salladay Law Office | Lance Salladay
    The likelihood is that the DUI will get changed to an involuntary manslaughter- a felony. The .22 BAC is large enough to constitute an "aggravated DUI" with enhanced penalties, but the death will result in a manslaughter charge I would presume.
    Answer Applies to: Idaho
    Replied: 8/10/2012
    Mary W Craig P.C. | Mary W Craig
    I represented one client who drank, drove and caused a death. He was charged with murder. More than likely, the driver will be charged with vehicular homicide or vehicular manslaughter. The final charge may depend on mitigating circumstances and how good a lawyer the driver has.
    Answer Applies to: Alabama
    Replied: 8/10/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    This charge is non-probationable and punishment can be up to 20 years. Usually for a first offender it' s no more than 5.
    Answer Applies to: Nevada
    Replied: 8/10/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you would be facing the charge of Negligent Homicide, a Class A Felony which carries a potential penalty of up to 7 - 15 years at the New Hampshire State Prison.
    Answer Applies to: New Hampshire
    Replied: 8/10/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    You'll be charged with vehicular homicide in all likelihood. You face serious prison time and need an attorney at your expense or via a public defender. Substantial bail requirement is possible while charges are pending as well. Consult free with my office. 26 years experience.
    Answer Applies to: Washington
    Replied: 8/10/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    State Prison. Depends on degree of aggravating circumstances, enhancements, etc. Get the best DUI Specialist Attorney in California who practices in that area. In San Diego there are 3.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    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).
    Answer Applies to: California
    Replied: 8/10/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    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.
    Answer Applies to: Colorado
    Replied: 8/10/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A case of vehicular homicide, where the driver was intoxicated is a very serious offense. It carries with it penalties of not more than ten years or to payment of a fine of not more than $20,000, or both. The presumptive or usual sentence upon conviction is 4 years in prison.
    Answer Applies to: Minnesota
    Replied: 8/10/2012
    Pingelton Law Firm | Dan Pingelton
    Almost assuredly, the state will file a manslaughter charge. The defendant must get an attorney ASAP.
    Answer Applies to: Missouri
    Replied: 8/10/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 10 11 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!