Drunk driving is always a serious charge, but DUI / DWI that involves the death of someone other than the driver carries extraordinarily severe charges. Drivers who cause the death of another person while under the influence will face charges of second-degree murder, manslaughter, or vehicular homicide.

When a prosecutor pursues a vehicular homicide charge in a drunk driving case, it means he or she believes that he or she can prove the death stemmed from ordinary negligence. In some states, vehicular homicide is considered a “wobbler” – an offense that can be charged as either a felony or a misdemeanor, although it is most often charged as the more serious offense.

Vehicular homicide convictions carry the potential for very harsh punishment, especially when charged as a felony. The driver may face a prison sentence if convicted. A skilled DUI / DWI attorney from www.NotDrunk.com may be able to negotiate a plea bargain that allows the driver to plead guilty to a misdemeanor instead of a felony.

Aggressive vehicular homicide defense starts with having an independent investigator examine every aspect of the case. Police and prosecutors study the accident to gather evidence that will point to the driver’s guilt. An experienced DUI / DWI defense attorney will employ a knowledgeable expert to reconstruct the accident to uncover evidence that points to the driver’s innocence.

The expert will also examine the facts of the underlying drunk driving charge, such as the motorist’s blood alcohol content (BAC). Chemical tests are often conducted hours after the accident occurs, and the driver’s BAC may have been inflated if his or her body continued to absorb alcohol after the crash. A defense expert may be able to prove that the driver’s BAC was below the legal limit when the crash occurred.

The court punishment for vehicular homicide can be severe – the driver can be sentenced to prison, as well as face large fines and other repercussions. If the driver has prior DUI / DWI convictions, the potential punishment is even greater.