If you are involved in a tragic car accident in which someone passed away, you may be charged with a DUI if there is reason to believe that you were driving while intoxicated. You may also be charged with some form of manslaughter. Both charges are very serious, and you will need to work closely with a drunk driving attorney to make sure that you have the best possible outcome for the case. 

The Vehicular Manslaughter Definition

Vehicular manslaughter is defined by state law. For example, in California, when an individual commits a homicide with a vehicle while committing an illegal act, this would be considered vehicular manslaughter. A vehicular homicide charge requires that you perform an action that is considered to cause gross negligence. Otherwise, the sentence that you would receive would be far less severe. 

Failing to use ordinary or reasonable care is not enough to be guilty of vehicular manslaughter. Your negligence must be excessive, and the courts often argue that this is the case if the courts believe that you were intoxicated when you were operating your vehicle. 

If you are convicted of vehicular manslaughter, you may spend time in prison. You may also pay expensive fines and find it difficult or impossible to get behind the wheel for a long time. Having a criminal record also affects your ability to secure employment and housing.

Clearing Your Name

If your DUI is a major reason why you are being charged with vehicular manslaughter, challenging the fact that you were intoxicated can be a way to have your charges reduced or dropped. For example, if the police officer did not follow the proper procedure when trying to determine whether you were driving under the influence, this can be used as a way to have your charges reduced.

For example, if you took a breathalyzer test, the device might not have been properly calibrated. If you took a blood or urine test, the sample might not have been stored properly, and this could have lead to the sample being contaminated. If the officer asked you to perform a sobriety test, they may have given you contradictory instructions or they might have asked you to perform the test on a surface that wasn't level. By providing your drunk driving attorney with the facts of the case, you'll be able to craft an argument that may win in a criminal court.