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DUI Manslaughter: The Consequences

DUI Manslaughter: The Consequences

DUI Manslaughter: The Consequences

There is no way around it – killing another person while driving is a very serious crime. If you are in the difficult position of being arrested after hitting someone with your car, you are probably scared about the road ahead. Learning about the charges and sentence you may face should be one of your first steps.

In Oklahoma, if you were allegedly driving while intoxicated when you caused the death of another person, you will most likely be charged with first degree manslaughter in addition to DUI charges. Another possible charge is negligent homicide, which requires the prosecutor to show that you had a knowing disregard for others’ safety. The first-degree manslaughter charge does not require this showing of mental state. Further, if you have any previous DUI convictions in the past ten years, you could face different, more serious charges such as felony murder or second-degree murder.

The elements that the prosecutor needs to prove beyond a reasonable doubt for first degree manslaughter are (1) that a person died, (2) that the death was the result of criminal behavior that constitutes a misdemeanor, and (3) that you were committing the misdemeanor when the person’s death took place. 21 O.S. § 711. The misdemeanor here is the DUI charge. Notice that the elements do not include any mention of mental state. As a result, the best defenses to this charge include questioning whether a misdemeanor was committed and whether it was being committed when the person’s death took place.

The consequences for conviction of first degree manslaughter include a sentence of at least four years in prison up to life in prison. Because you potentially could be sentenced to many years in prison, it is extremely important that you retain an attorney to mount a defense and assist with sentencing if you are convicted. The earlier the attorney gets involved in your case, the better.

If you, a friend or family member has been charged with first degree manslaughter, 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.