Can a Drunk Driver Face Homicide Charges?
A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent.
Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following conditions:
- during or as a result of the commission of a specific violent crime: murder or attempted murder, forcible rape, armed robbery, kidnapping, escaping from custody, eluding arrest, first degree burglary, first degree arson, drug distribution, drug trafficking, drug manufacturing, etc.)
- when the death is solicited in furtherance of a drug crime
- when the accused intentionally commits the death of a law enforcement officer or corrections employee in the furtherance of his duties
- when a child dies as a result of abuse.
Causing a person’s death while driving under the influence of drugs or alcohol does not qualify as first-degree murder. DUI drivers who cause a death and have prior DUI convictions usually are charged with second-degree murder. First-time offenders usually face manslaughter charges instead. Second-degree murder requires a showing that:
- It was perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or
- It was perpetrated by a person engaged in the commission of any felony other than the felonies listed above for first-degree murder.
In short, second-degree murder requires either killing with “depraved mind” but no premeditation, or a killing committed during the commission of another felony. The second is commonly called “felony murder”, and commission of a second DUI offense is a felony in Oklahoma.
Aside from second-degree murder or manslaughter, DUI drivers can face negligent homicide charges. Despite the name, negligent homicide is a misdemeanor in Oklahoma. A conviction requires a showing that the driver drove in reckless disregard of others’ safety, causing the death of another person within a year as a result of injury caused by the driving. 47 O.S. § 11-903.
To learn more about homicide charges in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.