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Car Accidents and Alcohol: The Legal Consequences

Car Accidents and Alcohol: The Legal Consequences

Car Accidents and Alcohol: The Legal Consequences

Many DUI drivers are pulled over without getting involved in an accident. But others cause or are part of serious accidents involving other cars, pedestrians, or property. The legal consequences of these accidents are greater than just a DUI arrest, especially if other people were injured.

Drivers under the influence can be charged with crimes beyond DUI or DWI, such as manslaughter, murder, or other crimes. Often the possible sentences for these crimes are much more severe than for a DUI. Drivers who destroy property in an accident may face charges or civil actions as well.

In Oklahoma, causing the death of another while driving under the influence usually leads to a first degree manslaughter charge. To prove first degree manslaughter, the state must show beyond a reasonable doubt that the driver was engaged in commission of a misdemeanor (including first time DUI conviction) when the victim’s death took place. 21 O.S. § 21-711. Manslaughter, when the defendant does not have “malice aforethought” is distinguished from crimes where the defendant intended to cause death or great bodily injury, such as murder.

The other common charge for a driver who causes the serious injury of another person while driving under the influence is negligent homicide. If a reckless driver causes an accident and a person dies of injuries sustained in the accident within one year, the driver may be charged with negligent homicide. 47 O.S. § 11-903. Negligent homicide is punishable by up to one year in jail or a fine of up to $1,000. 63 O.S. § 4210.1. If the person dies on the scene, a charge of first degree manslaughter is most likely.

Prior convictions for murder in the second degree or manslaughter in the first degree in a driving under the influence case lead to a much longer sentence if the person is caught committing a DUI for the second time. A sentence will range from five to twenty years, with a fine of $10,000. 47 O.S. § 11-902(C)(5).

Further, committing a traffic offense that results in immediate death or great bodily injury to another person constitutes probable cause for a breath or blood test of the driver. 47 O.S. § 10-104.

If you are facing manslaughter or negligent homicide charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. 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.