Instances That You Can Face Murder Charges After A DUI And How An Attorney Can Help You
Most judges hand DUI offenders harsh punishments to discourage them from repeating the offense. The sentence is even more severe when a death results from a drunk driving accident. In such a case, the prosecutor may charge you with manslaughter, and you might face serious consequences if convicted. However, you can avoid severe penalties if you hire a lawyer to defend you. Below are instances when the state can charge you with murder after a drunk driving crash and the defenses your attorney can raise to prevent you from getting a harsh punishment.
Instances When You Can Face Murder Charges
Prosecutors mostly charge suspects with murder when there's proof that they had the intent to kill. But this is not the only scenario that can result in a murder charge. You can face manslaughter charges if someone dies in a crash that you were partly or fully at fault. Your punishment might be more severe if you were intoxicated. In this case, the prosecution can claim intent to kill using the vehicle you were driving.
The prosecuting attorney may also claim that your negligence was the reason why the death occurred. Such an accusation can make the judge hand you a lengthy jail sentence even if the prosecutor does not prove intent. Instead, they might use your blood test results to prove that the high alcohol content affected your driving ability. However, it is important to note that authorities sometimes make mistakes when conducting tests. So, there's a possibility that they might present faulty results. As such, a DUI attorney can review the strategies used to get the test results to determine whether the police engaged in any illegalities. Also, they can raise different arguments to convince the judge that you were not responsible for the murder.
The Defenses Your Attorney May Raise
Your attorney may claim that you were not at fault and should not take responsibility for the death. However, they must provide evidence to support the argument. For instance, they might use the crash report created by the police to prove that you were not one of the wrongdoers. Your lawyer may also argue that you don't have the mental state required in the criminal statute. Besides, they can argue that cases of a similar sort are not charged in this nature. These arguments might convince the judge to drop your murder charges or reduce your sentence.
Additional murder charges when facing a DUI can make you face severe consequences. That is why you should consider hiring a DUI lawyer to defend you when the state charges you with manslaughter.
For more information, contact a local DUI attorney.