DUI & DWI Second Degree Murder
Every DUI / DWI case is extremely serious, but drunk driving that results in death can have life-changing consequences. Drinking and driving that results in death is typically charged in one of three ways – vehicular homicide, manslaughter, or second-degree murder. Second-degree murder is the most serious of these three charges, but proven drunk driving defense strategies exist to fight the DUI charges. A skilled DUI / DWI attorney from www.NotDrunk.com will craft an aggressive defense designed to protect the driver’s rights and minimize negative consequences.
A prosecutor typically files second-degree murder charges when he or she believes it’s possible to prove that the driver acted with implied malice, or a conscious disregard for human life. Second-degree murder charges are unusual in drinking and driving cases, because it’s extremely challenging to prove implied malice in a drunk driving death.
Drivers with prior DUI / DWI convictions pose special challenges in a second-degree murder defense. The prosecutor will allege that the motorist knew the dangers of drunk driving, but still chose to get behind the wheel.
Prior convictions can be especially challenging in states where a defendant who pleads guilty or no contest to a drunk driving charge must admit that he or she is aware of that danger, either by making a statement in court or by signing an admission. This acknowledgment, known as a “Watson warning,” can be used in a later prosecution for second-degree murder as evidence that the person acted with implied malice.
A top-notch second-degree murder defense begins by using an independent investigative team to examine every aspect of the case. Police and prosecutors work hard to gather evidence that points to the defendant’s guilt, so it’s critical to uncover evidence that points to the defendant’s innocence.
Reconstructing the accident is a key aspect of a strong second-degree murder defense. An accident reconstruction expert will examine skid marks, inspect other physical evidence, take pictures, and search for possible mechanical failure and any other factors that could have contributed to a collision.
Examining the facts of the underlying DUI / DWI charge is another important aspect of an independent expert’s job. It’s especially important to analyze the chemical test of the driver’s blood alcohol content (BAC).
Chemical tests are open to challenge because they are typically conducted one or more hours after an accident or arrest, and are not necessarily accurate. Remember, it’s not against the law to have a BAC of .08 or greater at the police station – only when behind the wheel. An experienced defense expert will attempt to prove that the driver’s BAC continued to rise after an accident because his or her body was still absorbing alcohol.
Second-degree murder is punished very harshly – the driver likely will face a prison sentence, so it’s crucial to have a top defense attorney protecting the driver’s rights. An attorney from www.NotDrunk.com who concentrates on DUI / DWI defense will develop an effective strategy to fight the charges and ensure that the driver receives a fair trial.