DUI / DWI and Vehicular Manslaughter
When a drunk driver causes an auto accident which results in a death, this may be referred to as vehicular manslaughter or DUI / DWI manslaughter. While the death may have been entirely accidental, it is still a serious criminal offense and is typically a felony.
Some examples of behavior leading to vehicular manslaughter include the following (any and all of which may be caused by DUI, DWI or OUI):
- Following too close
- Breaking a traffic law
- Speeding
- Reckless driving
- Running a red light
The key factor in a DUI or DWI manslaughter case is proving that the driver actually caused the accident. If this is not the case, and this is proven in court, the driver will likely only face driving under the influence charges rather than vehicular manslaughter charges as well.
Specific penalties associated with vehicular manslaughter will vary from state to state, and jurisdiction to jurisdiction. When gross negligence, such as several prior DUI / DWI offenses is a factor, this may result in enhanced penalties.
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