DUI Death: Is It Homicide, Manslaughter, Or Murder?

One of the worst consequences of driving under the influence (DUI) is causing the death of another person. But if this happens to you, it's important to understand the legal terms involved so you can properly defend yourself and negotiate when possible.

To help you do this, here's what you need to know about the three main legal concepts involved in the death of another person. 

Homicide

Homicide is a much broader and more complex term than most people understand. At its most basic, it simply means that one person caused the death of another. It doesn't necessarily address the motive or circumstances of the action. This is vital for anyone charged with an auto accident death to understand. Why? 

You will likely hear the term used frequently, and it can cause some defendants to overreact. If the police say the death was a homicide, it doesn't necessarily mean anyone intended to kill another person. DUI accident deaths are often ruled initially as homicides simply by the driver's involvement. 

Manslaughter

The charge of manslaughter is something of a compromise term. It recognizes that not every death is either due to intentional killing or an unavoidable accident. The gray area in the middle is usually referred to as manslaughter. 

If you drank too much and accidentally caused a wreck that resulted in a death, you likely didn't set out to murder anyone. But you may have some culpability on a lower level. Therefore, the prosecution may seek a manslaughter charge. This is generally a more favorable outcome than a murder charge. 

Murder

As mentioned, most DUI accidents are not intentional killings. And the element of intent is a vital distinction between murder and manslaughter. To be charged with murder, you must have shown some kind of intent. 

What constitutes that intent can be wide-ranging, though. A person who plans how they will run over their ex's new boyfriend would be intending to murder with a vehicle. However, what if you saw the person and had a sudden desire to do harm? This could be charged either as manslaughter (a crime of passion) or murder. And the best result would be to convince law enforcement to charge you with the former rather than the latter. 

Where to Learn More

Clearly, there are many nuances involved in which type of charge you face after a fatal DUI incident. The best way to ensure that you face the minimum possible punishment is to understand these nuances and how to use them in your favor. Start by meeting with a criminal attorney in your area today.  


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