When you are believed to be driving under the influence of alcohol and you end up in a car accident, you might be accused of a DUI. However, if an individual passes away as a result of the accident, you might also be charged with gross vehicular manslaughter. If this is the case, you will want to immediately hire an attorney who is experienced in handling DUI cases.
How to Be Charged with Gross Vehicular Manslaughter While Intoxicated
Gross vehicular manslaughter while intoxicated is the unlawful killing of an individual by a vehicle while under the influence of alcohol and without malice. You might not have intended to kill anyone, but you may have driven in a manner that is considered to be very reckless.
Process Violations
You might be pulled over under suspicion that you are driving while under the influence. If this is the case, there are specific procedures that the arresting officer is expected to follow. If they do not follow these rules, your DUI lawyer might be able to have evidence suppressed. For example, the officer will need to have probable cause before they can pull you over under suspicion of a DUI. After an accident, the officer might decide that the accident might have been the result of alcohol consumption.
The Breathalyzer Test
After you have been in an accident, the officer might request that you perform a breathalyzer test. Once you have done this, the officer will check to determine if your blood alcohol content is above the legal limit. If they discover that this is the case, they might be able to arrest and charge you with a crime.
However, your DUI lawyer might be able to prove that the breathalyzer was defective at the time of the accident and can then use this to cast doubt on the claim that you were under the influence of alcohol at the time of the accident.
How to Win Your Case
To charge you with manslaughter, the prosecutor will also need to prove that you had committed a misdemeanor and that this led to the death of the other driver. They will also need to prove that you were engaged in gross negligence and that this caused the accident. If you are able to prove that either of these claims is not true, with the help of a lawyer, you might be able to win your case.
If you are looking for additional information or would like to speak with an attorney, contact a DUI law firm near you.
Share2 May 2022
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