Drunk driving is a serious matter, sometimes deadly serious. A DUI resulting in death is always tragic. Whether it also results in harsh penalties for the driver is another question.

Depending on the circumstances, the jurisdiction where it happened, and even who the prosecutor and judge are, a driver who causes the death of another while intoxicated could face serious consequences. Consequences can include anything from relatively minor charges and penalties to potentially decades in prison. Read on to find out more.

Possible Charges for DUI Resulting in Death

A driver who causes the death of another while driving drunk generally faces serious charges involving years if not decades in prison. That said, prosecutors have discretion in terms of what charges to bring, and judges have significant discretion in terms of how harsh the sentence should be.

Most states have laws specific to driving-related killings, known as vehicular homicide or vehicular manslaughter. Other states simply apply general homicide laws.

Vehicular Homicide Charges

Causing the death of someone while driving is known as vehicular homicide. In some states, a driver may be charged with vehicular homicide merely due to being intoxicated while driving, and where a death results. This is sometimes known as a “DUI manslaughter” charge, and it can apply even if the driver obeyed all other laws and drove very carefully. Florida law is particularly strict in this regard.

In other states, a prosecutor must prove a vehicular homicide charge by showing that the driver was driving carelessly (negligently), in addition to being inebriated. “Simple negligence” or “ordinary negligence” may be proved by showing that the driver failed to exercise a degree of care that a reasonable person would under similar circumstances. For example, in California, “vehicular manslaughter while intoxicated” can be charged where the driver acted negligently.

Some jurisdictions provide for more serious charges based on blood alcohol concentration (BAC). New York, for example, provides for vehicular manslaughter in the 2nd degree for a BAC of 0.18 or less, and vehicular manslaughter in the 1st degree for a BAC of greater than 0.18. The difference in BAC can double the potential penalty from up to seven years for the lesser charge, to up to 15 years for the more serious charge.

General Charges for DUI-Related Killings

Where a state does not have driving-specific homicide laws, prosecutors bring charges for DUI-related killings under more general homicide laws. Even when a state does have driving-related homicide laws, a prosecutor may decide to pursue more serious general homicide charges. Certainly, when a drunk driver intentionally kills another person, this can almost always everywhere be charged as murder.

Even when a DUI-related killing is unintentional, if the intoxicated driver drives recklessly or with “extreme indifference to the value of human life,” the driver can be charged with serious crimes including second-degree murder. Other charges for unintentional DUI-related killings may include negligent homicide, grossly negligent homicide and involuntary manslaughter.

Engaging in any inherently risky or dangerous activity, resulting in the death of others, can meet the definition of negligent homicide, grossly negligent homicide, and involuntary manslaughter.  Driving drunk is an inherently risky or dangerous activity. Thus, doing so with the result of the death of another can result in being charged and convicted under one of these laws.


Penalties for DUI Resulting in Death

As charges vary significantly for DUIs involving a death, so do the penalties. In Massachusetts, the lowest potential penalty for an intoxicated driver who causes the death of another is only 30 days in jail. Closer to the other end of the spectrum, an “aggravated vehicular homicide” in Tennessee may result in a sentence of up to 60 years in prison, plus a fine of up to $50,000.

Aside from the differences between state laws, factors affecting penalties for DUI drivers causing a death include how careful or careless the driver was, whether the driver knew or should have known that their driving created a serious risk of injury or death, and how intoxicated the driver was. We have already mentioned that in New York state, having a BAC of greater than 0.18 doubles your potential prison time.

In addition to fines and prison time, other penalties for drunk driving-related deaths may include probation or parole, suspending or revoking your driver’s license, mandatory community service work, and mandatory rehab or substance abuse counseling.

Criminal charges and penalties are not the only legal consequences of driving drunk and killing someone. The family of a person killed by a drunk driver may also be able to bring a civil wrongful death lawsuit against the driver. The payout to the family could amount to millions of dollars.

What to Do if Charged with DUI Killing

As the laws around DUI-related killings are very complicated and involve potentially severe consequences, it is always best to hire a lawyer if you are charged with any of these crimes. In particular, you should find a lawyer with significant criminal defense experience related to your state’s DUI laws.


Frequently Asked Questions (FAQs)

Can a drunk driver be charged with murder?

In some states, a drunk driver may be charged with second-degree murder. This can apply if the driver recklessly or knowingly engaged in conduct that results in the death of another person. If it can be shown that the drunk driver intended to kill the victim, the driver may be charged with first-degree murder.

How long can you go to jail for drunk driving and killing someone?

The jail or prison time for DUIs resulting in a death can be as little as 30 days to as much as 60 years or more. It depends on the state or jurisdiction where the incident occurred, the conduct of the driver, and how intoxicated the driver was.

What is the sentence for DUI manslaughter?

The prison sentence for someone who commits a DUI manslaughter can be as little as one to two years (for example, Ohio or Texas), to up to 30 years (Washington, DC).