A man charged with DUI manslaughter must decide whether he will take a plea deal that will require him to be behind bars for up to 15 years, or continue on to a trial where he could face up to 36 years if convicted, as reported by the Daily Miner.
D.B., 46, was allegedly drunk when he caused the death of C.R., 17, in a car accident on July 21, 2013.
The state has offered D.B. the plea deal to avoid a trial, and further pain that it may cause to C.R.'s family.
D.B. is currently charged with manslaughter by DUI and aggravated assault by DUI.
During the collision D.B. rear-ended C.R.'s 1990 Ford pickup truck while the two traveled at milepost 59 on Route 66. D.B. was driving a 1998 Volvo at approximately 55 mph when he collided with the pickup.
The state determined D.B.'s blood alcohol level to be 0.206 – well over the legal 0.08 limit to drive.
D.B. was silent during the court proceedings, and only answered questions directly put to him by Judge Steven Conn.
Judge Conn, in conducting the settlement conference, was tasked with insuring that D.B. understood the ramification of accepting, or not accepting, the plea deal offered to him. Such items included potential defenses and the minimum and maximum prison terms he may face if convicted.
According to prosecutor Rob Albright, D.B. was told that he would be given a term of seven to 15 years for pleading guilty to manslaughter, and five to ten years for pleading guilty to the aggravated assault charge.
The aggravated assault charge is in reference to a passenger that was in C.R.'s pickup – J.S., 18 at the time, who had sustained injuries.
D.B. was not injured in the collision.
Judge Conn also explained that if convicted, the sentences could be ordered to be run consecutively. That would mean that D.B. could spend 21 years in jail for manslaughter and another 15 years for aggravated assault.
Albright contends that if there is a trial the state can show that D.B. faces aggravating factors – enough to warrant maximum sentences. One of those factors is a previous DUI within the last seven years. Another factor is the emotional harm D.B. has inflicted upon C.R.'s family.
Conn said, "My experience is when someone dies before their time due to a drunk driver, the family always suffers."
However, Conn did say that it would be rare for a drunk driver to get a sentence of 36 years for manslaughter, unless they had "deliberately" set out to kill someone.
Conn told D.B., "If you think you could get less than 15 years (at trial) then you have nothing to gain. Or, you could say, 'I made a really bad decision and I caused the death of someone and I don't want to put their family through the ordeal of a trial.' I'm not trying to lay a guilt trip on you."
If you are facing drunk driving or impaired driving charges contact a DUI attorney for help. It is only an attorney versed in DUI, DWI, OUI and OWI that will know the best way to proceed in court.