Understanding A DUI Manslaughter Charge And Sentencing

Every day in the US, 28 people die from drunk driving crashes. Vehicular manslaughter laws, or a DUI manslaughter charge, in New York applies to boaters and drivers who cause the death of another person while under the influence. There are three different types of vehicular manslaughter: first degree, second degree and aggravated.

Each classification of a DUI manslaughter charge involves drugged or drunk operation of a motor vehicle where someone is killed.

Charges That Apply

 

Second Degree

This is the least serious classification. In order to obtain a second-degree vehicular manslaughter conviction, the prosecution must prove that the defendant was either boating or driving while impaired by drugs or alcohol in violation of New York's DWI or BWI laws and as the result of such intoxication, caused the death of another person. There must be a proven link between the defendant and the fatality.

First Degree

Second degree can be elevated to first degree if the motorist, in addition to committing second-degree manslaughter, had a blood alcohol concentration of 18 percent or more. Additional reasons include, refusal to submit to DWI chemical testing, if the driver was driving with a suspended license for DWI, or if they had a prior DWI conviction within the last ten years. First degree is also possible if the driver has a prior vehicular manslaughter or vehicular assault conviction, caused the death of more than one person, or has caused the death of a passenger under the age of 15. If the defendant is charged with first-degree vehicular manslaughter, all lesser included charges must be dismissed.

Aggravated

To get this conviction, the prosecution must prove the defendant committed second-degree vehicular manslaughter while recklessly driving and had a BAC of 18 percent or more. Additional qualifications include driving on a suspended license for DWI or refusing to submit to chemical testing, having a prior conviction that occurred within the last ten years or having a prior vehicular manslaughter or assault conviction. Furthermore, a motorist would have had to cause the death of more than one person, or killed a person and seriously injured another, or caused the death of a passenger under the age of 15. All lesser charges must be dismissed when convicted of this charge.

Penalties

Second Degree: It is a classic D felony. This conviction carries up to seven years in prison and a maximum $5000 in fines.

First Degree: It is a classic C felony. Conviction carries up to 15 years in prison and up to $5000 in fines.

Aggravated: It is a classic B felony. This particular conviction carries up to 25 years in prison and up to $5000 in fines.

Need Help With Your DWI Arrest Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604