The consequences of a DUI conviction are typically serious. But generally, the most severe penalties are reserved for DUIs where someone is killed. (In some jurisdictions, DUI accidents and injuries are second in line in terms of severity.) And it usually doesn’t matter whether the death was that of a passenger, person in another car, or pedestrian: the impaired driver is responsible all the same.
Here’s an overview of how prosecutors charge DUI cases involving fatalities.
Charges You Could Be Facing for a DUI Involving a Death
The laws of each state are different. But many states have several types of charges that—depending on the circumstances—could apply to a DUI accident involving a death. These might include:
- “aggravated” DUI
- vehicular homicide
- negligent homicide
- DUI manslaughter
- vehicular manslaughter, and
- murder.
But regardless of what the offense is called, any DUI involving a death is a serious criminal charge.
Aggravated DUI Charges for Offenses Involving Deaths
In some states, the DUI statutes impose enhanced penalties for offenses involving deaths. But, generally, the enhanced penalties are on par with those that would result from a vehicular homicide charge.
DUI-Related Vehicular Homicide Charges
Some statutes are specific to unlawful killings committed by drunk drivers. Other statutes—though they can be used for DUI cases—are more generally applicable to all types of homicides.
For instance, California prosecutors can charge DUI offenders with regular vehicular manslaughter—which isn’t specific to drunk drivers—or a more serious crime called “gross vehicular manslaughter while intoxicated.” Regular vehicular manslaughter carries a maximum six-year prison sentence, whereas a motorist convicted of vehicular manslaughter while intoxicated faces up to ten years in prison.
Although states use different names for vehicular homicide (vehicular homicide, vehicular manslaughter, DUI manslaughter, negligent homicide), these offenses are generally all the same and carry similar penalties.
DUI-Related Murder Charges
In many states, a DUI-related killing can also result in murder charges. For instance, California prosecutors also have the option of charging a DUI offender with murder. However, there’s no special law for DUI murder: all types of murder, DUI related or not, are charged under the same statute.
Generally, murder charges carry the most severe penalties of any of the possible charges. However, it's also typically more difficult for prosecutors to prove murder charges than to prove vehicular homicide or aggravated DUI charges.
The Differences Between the Charges for DUI Deaths
The differences between the various charges that can result from a DUI death vary by jurisdiction. But, in states where there are multiple possible charges for a DUI involving a death, there are generally differences related to what the prosecution must prove and, sometimes, the penalties that can result from a conviction.
What Are Mental States for Charges Involving DUI-Related Killings?
The defendant’s mental state is generally what differentiates the various charges that cover fatal DUI accidents. Most crimes have two components: a prohibited act and a mental state. The prosecution typically needs to prove both parts to get a conviction.
For all DUI charges involving death, the prohibited act is generally the same—the defendant caused the death of another person while driving under the influence. But the mental state the prosecution has to prove varies depending on the charge.
Mental State for Aggravated DUI Charges for Deaths
Unlike most other crimes, DUI is usually a “strict liability” offense—meaning, the prosecution doesn’t have to prove a mental state. In other words, a prosecutor can get a conviction by proving only that the person was driving while under the influence. So, of the possible charges, aggravated DUI charges are typically the easiest for prosecutors to prove.
In some states, including Florida and Idaho, DUI manslaughter is also a strict liability crime. In these states, the prosecution can prove DUI manslaughter by just showing that the motorist caused the death of another person while driving drunk. What was going on inside the defendant’s head doesn’t matter. However, in states like Maryland, prosecutors must additionally show that the defendant had a negligent mental state to get a DUI manslaughter conviction.
Mental State for Vehicular Manslaughter and Vehicular Homicide Charges
To establish a vehicular manslaughter or vehicular homicide charge, on the other hand, the prosecution typically needs to show more than mere carelessness or simple negligence. Normally, the prosecution has to prove that the defendant was reckless or grossly negligent.
Mental State for DUI-Related Murder Charges
And proving a DUI-related killing was murder requires even more of the prosecution. To get a conviction, a prosecutor generally must convince the judge or jury that the motorist acted with extreme recklessness or a “conscious disregard for human life.”
How Do Prosecutors Prove Mental State for DUI-Related Killings?
The distinctions between mental states aren’t always clear. For instance, the dividing line between grossly negligent and extreme recklessness can be subtle. And it’s often difficult to distinguish simple negligence from gross negligence. However, in determining a defendant’s mental state, a judge or jury might look to factors like:
- the defendant's level of impairment (poor field sobriety test performance can come into play) and blood alcohol concentration (BAC)
- the manner of the defendant’s driving, and
- whether someone told the defendant that he or she was too drunk to drive.
Generally, the more egregious the conduct, the more likely it is that the defendant will be convicted of a serious charge like murder.
Example: Arthur was drinking heavily all afternoon at the local bar. His BAC was .25%—more than triple the legal limit. As he stumbled out with keys in hand, the bartender said, “Hey, buddy. Better take a cab. You’re in no condition to get behind the wheel.” Ignoring the warning, Arthur hopped in his car and started for home. At the first intersection, Arthur ran a red light and narrowly avoided slamming into another car. His luck ran out at the second intersection—failing to yield the right-of-way, Arthur plowed into a motorcycle. The motorcyclist died instantly. Based on these facts, a jury might not have any problem finding that Arthur acted with a conscious disregard for human life and is therefore guilty of murder.
What are the Differences in Penalties for DUI-Related Death Charges?
The penalties for DUI-related death charges vary quite a bit by jurisdiction but are generally severe. In most cases, a defendant can expect to spend a substantial period of time behind bars. But as a general rule, aggravated DUI penalties are similar to penalties for vehicular manslaughter and vehicular homicide charges, and murder charges carry the most severe penalties of the possible charges.
For example, in California, there are two types of intoxicated vehicular manslaughter and DUI murder charges; negligent vehicular manslaughter while intoxicated carries 16 months, two years, or four years in prison; gross vehicular manslaughter while intoxicated carries four, six, or ten years in prison; and DUI murder carries 15 years to life in prison.
Talk to an Experienced Criminal Defense or DUI Attorney
If you've been charged with a DUI offense involving a death, it's imperative to get legal assistance. The penalties you'll be facing are extremely serious. An experienced criminal defense or DUI attorney can analyze how the law applies to the facts of your case, let you know what you're facing, and advise you on how best to handle your situation.