If the driver is proven to be under the influence of alcohol or drugs and thus causing the death or injury of someone, he can be charged with serious drunk driving charges. Other states refer to this kind of offense as DUI manslaughter, intoxication manslaughter, intoxication assault, or vehicular homicide.
When a traffic accident results in the death or bodily injury of another person, then a driving under the influence charge can be received. Victims of such an offense can be passengers, other drivers, or even passersby.
It is important to contact a well-trained drunk driving lawyer if you or your loved one is arrested for it as this is the most serious crimes involving DWI.
Penalties
Causing death or injury because of driving under the influence is a category B felony.
- Imprisonment in State Prison for a minimum of 2 and a maximum of 20 years;
- Fines from $2,000 to $5,000.
Proving Causation
One of the most important concerns in a these kinds of cases is whether or not the driver took alcohol or drugs and if this is what really caused the fatality of the accident.
The defendant has the right to defend his liability for the incident by proving that something else caused the accident through the superseding-intervening cause.
The superseding-intervening cause is also known as the act that supersedes the act that is said to have been triggered by the use of controlled substances and alcohol. As a result, the intervening cause must, effectively, break the chain of causation.
Alcohol After the Crash Occurred Defense
If the alcohol consumption is proven to have taken place as a strong evidence, it automatically affirms the person charged with driving while intoxicated to have caused physical damage to other parties involved. Alcohol consumption of 0.08 or above in blood or breath proves this.
It is requirement for the person accused to show his defense at the trial during the preliminary hearing within 14 days before the actual trial or hearing, or depending on what the court in session dictates.
DUI Defense Lawyer
Get legal representation for any representation of drunk driving cases resulting to death and serious bodily injury. There are Las Vegas DUI lawyers that have insurmountable experiences in defending people arrested for drunk driving or fatal traffic accidents. Enlist one now!