Carmel DUI Causing Death Lawyer
Carmel DUI Causing Death Attorney
DUI causing death is one of the most serious charges that you will ever face under Indiana law. Being charged with the assertion that your operation of a vehicle while intoxicated caused another person’s death is something that takes a misdemeanor offense and elevates it into high-stakes felony litigation, requiring the experience of a Carmel DUI causing death lawyer.
Prosecutors in Carmel and throughout Hamilton County, Indiana, take these cases very seriously, and so should you. Investigations will happen quickly. They will be technical and scrutinized. They will also be emotional. When you hire an attorney, they have time to build a strong case. Building your defense requires time and attention to detail. Hire an attorney that is preparing as if you are going to trial from day one.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
Our firm handles all major felony cases in Carmel and throughout Hamilton County, Indiana. We also handle cases in front of the Hamilton County Courthouse located in Noblesville, Indiana. Five of our attorneys are Board-Certified* Criminal Trial Specialists, which are five of the six in Indiana.
Our attorneys have collectively tried over 100 criminal cases. We utilize a team-based approach to major felony cases, assigning two attorneys and a paralegal to each serious case. We have the resources necessary to handle large volumes of forensic data and discovery, as well as to prepare each client’s case for trial. Our firm, Baldwin Perry & Wiley P.C., also provides 24-hour attorney access and high-touch communication with every client and family.
Understanding DUI Causing Death Laws in Indiana
Indiana laws pertaining to DUI causing death are taken very seriously. Facing a Level 4 Felony under Indiana Code 9-30-5-5, you could be looking at a prison sentence of 2 to 12 years, with an advisory sentence of six, plus substantial fines and a prolonged driver’s license suspension. Prior convictions and enhancement factors, such as multiple victims, can increase your chances of receiving the maximum sentence. These charges are not taken lightly by the court system.
Typically, these cases are heard at the Hamilton County courthouse in Noblesville, Indiana. When you partner with our firm, we can discuss how the justice system works and how to navigate the Hamilton County courthouse. Serious felony charges like this demand preparation and an understanding of how Judges in this venue want each case laid out, especially when you are working with forensic evidence and professional witnesses.
What to Prove
Indiana DUI causing death laws require the prosecution to prove more than just intoxication. Taken from Indiana’s statute on DUI causing death, you must:
- Have been operating a vehicle while intoxicated
- Your intoxication caused the death of another person.
When we talk about causation in these cases, it is more than just showing that there was a crash and you had alcohol in your system. In many cases, the defense will argue that factors such as road conditions, other drivers, vehicle malfunction, and many medical conditions all play into the crash and subsequent death of the victim.
The evidence we gather often includes accident reconstruction reports, blood test analyses, information from the car’s computer, and testimony from the medical examiner. The prosecution will likely present professional opinions, aiming to establish them as definitive scientific evidence. A good Carmel DUI causing death attorney can evaluate each professional opinion with a critical eye toward methodology and training.
DUI Causing Death Penalties
About 34 individuals in the US lose their lives in drunk driving accidents every day, or one every forty-two minutes. In 2023, 12,429 persons lost their lives as a result of drunk driving. All of these deaths could have been avoided. When you are charged with DUI causing death, you are facing a Level 4 Felony charge. A conviction may include:
- 2 – 12 years incarceration
- Up to $10,000 in fines
- Long-term or lifetime loss of driving privileges
- A lifetime felony record
You could also be facing additional charges, including reckless homicide, significantly increasing the severity of your situation. Mitigation efforts at sentencing will be a major focus. Preparation is key when dealing with the court system and how they view prior record, rehabilitation efforts, and personal circumstances.
What to Do if You’ve Been Charged
The time immediately following an arrest can be precious evidence in your case. Hours after a traumatic accident, people make statements that are used against them at trial. Digital data from vehicles is erased. Surveillance videos are erased. Witnesses move, forget, or become unwilling to talk. If you find yourself the target of an investigation or are charged with a crime, you should:
- Immediately stop talking to the police
- Preserve any evidence you have involving the car or accident scene
- Hire a DUI causing death lawyer right away
Getting involved in the early stages of a case allows your attorney to influence how the prosecutor investigates. Prosecutors might have already talked to professionals and formulated their case by the time of arrest.
Defending DUI Causing Death Cases
Technical defenses are common in DUI causing death cases. Blood draws must be collected, stored, and preserved according to strict guidelines. Breath testing machines must be calibrated and maintained regularly. The meaning behind toxicology findings can be surprisingly complex. Someone’s unique physiology, absorption rates, medication, and metabolism all play into reported test values.
Analysis of causation can also be complicated. The state may believe someone was intoxicated at the time of an accident. They still have the burden of proving that intoxication caused the death.
Hire a DUI Causing Death Lawyer
If you are going to hire a lawyer, you should weigh courtroom experience heavily. Many criminal cases end through negotiation. Fatal DUI cases frequently require motion practice, professional testimony, and the ability to go to trial if needed.
Contact The Criminal Defense Team
This firm employs five of Indiana’s six total Board-Certified* Criminal Trial Specialists. The National Board of Trial Advocacy grants board certification following a thorough assessment of testing, peer review, and courtroom experience.
Similar to how complicated medical procedures require a specialist rather than a general practitioner, attorneys skilled in trial advocacy are more suited for high-exposure felony litigation. The depth of a defendant’s courtroom experience is important in DUI cases that carry death sentences.
Our staff, with over a century of combined experience, is equipped to conduct extensive discovery, confer with qualified witnesses, and, if needed, prepare cases for jury trials. Additionally, we have a lawyer-on-call rotation that runs around the clock, so relatives and clients can get in touch with us in an emergency. Contact us today for a consultation.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.