DUI Causing Death in California
Get Help from Our Santa Barbara Criminal Defense Lawyers
While getting involved in an accident and causing an injury while driving drunk can result in harsh penalties, the punishment of killing another individual while driving under the influence is much more severe. Not only are you facing a lengthy prison sentence and costly fines, but your reputation can be permanently ruined. It is imperative to get legal representation from an experienced and skilled attorney.
At Appel & Morse, we are committed to helping our clients obtain the most favorable outcome possible. With more than 40 years of experience, our Santa Barbara DUI lawyers possess the extensive knowledge of California laws and court proceedings to properly guide you through every step of the legal process. Do not hesitate to get a qualified legal team on your side.
Penalties for DUI Causing Death
In California, the crime of DUI causing death is categorized as gross vehicular manslaughter while intoxicated. It is considered the unlawful killing of a human being while driving a vehicle under the influence of alcohol or drug.
In order to prove that a person is guilty of this offense, the prosecution must establish the following elements:
- The defendant drove under the influence or alcohol or drugs, or both, while having a BAC level of 0.08 or higher
- The defendant, who is under the age of 21, drove while having a BAC level of 0.05 or higher
- While operating the vehicle under the influence of alcohol or drugs, the defendant also committed an infraction that might cause death
- The defendant committed the infraction that might cause death with gross negligence
- The defendant’s grossly negligent conduct caused another person’s death
Gross vehicular manslaughter while intoxicated is considered a felony, punishable by a prison sentence of four, six, or 10 years. However, if the defendant has two or more prior DUI convictions, the prison sentence increase to 15 years or life in prison.
Have Former Prosecutors on Your Side
Our Santa Barbara DUI attorney can investigate your arrest and the scene of the crime, collect evidence, and analyze evidence gathered by police to develop an aggressive and customized defense strategy for you. As former prosecutors, we understand how the prosecution will approach your case, giving you the upper hand of knowing what you are up against. Do not hesitate to get the experienced legal assistance you need to get your life back on track.
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