Westfield DUI Causing Death Attorney
Driving under the influence of alcohol or drugs is always a potentially deadly risk, and one mistake can lead to a lifetime of consequences. If you have been charged with a DUI that resulted in the death of another person, you know this all too well. When you find yourself facing such serious charges, you need the help of an experienced Westfield DUI causing death lawyer to help you protect your rights and defend yourself.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
When your future is on the line, experience and qualifications matter. The attorneys at The Criminal Defense Team have what it takes to defend you. We are proud to have five of Indiana’s six Board-Certified Criminal Trial Specialists at our firm. This certification comes from the National Board of Trial Advocacy and requires significant trial experience, a written exam, and references from both peers and judges.
Additionally, one of our attorneys is a former prosecutor who regularly prosecuted major felony and murder cases. This gives our firm a unique vantage point when it comes to anticipating a prosecutor’s next move and casting doubt on the prosecution’s case during a trial.
We employ a team-based approach in every case we take on, with two attorneys and one paralegal on each. We are aware that legal emergencies do not wait for normal business hours to come up, so we also have an attorney on call at all times. At any time of the day or night, our clients can reach us if they need us.
How Does Indiana Law Handle DUI Causing Death?
In 2022, there were 274 individuals killed on Indiana’s roadways in crashes involving impaired drivers. Indiana, like all other states in the country, has its own laws concerning driving under the influence (DUI) of drugs or alcohol. When no one is hurt, DUI is either a Class A or a Class C misdemeanor, depending on whether the incident endangered anyone.
DUI incidents that result in the death of another person are taken much more seriously under the law. In Indiana, when someone unintentionally kills another person in the process of committing a felony or a Class A misdemeanor that has a reasonable probability of causing bodily harm (such as driving a vehicle while intoxicated), that person can be charged with involuntary manslaughter, which is a Level 5 felony.
Potential Penalties for DUI Causing Death
If you are charged with involuntary manslaughter, there are several potential penalties a judge could impose, depending on the circumstances of the offense and your prior record. According to the Indiana Code, a Level 5 felony can be punished by one to six years in prison and a fine of up to $10,000. Judges have discretion when it comes to the length of the prison sentence, but the advisory sentence length under the law is three years.
Why You Should Hire a DUI Causing Death Lawyer
If you are being charged with a DUI causing death, your reputation and future hang in the balance, and you need a strong defender. Even if charges have not yet been formally filed against you, you should hire a DUI causing death lawyer as soon as you can. Your defense attorney can help you from the very earliest stages of your case by reviewing evidence as it is gathered by the prosecution, helping you understand your legal position, and becoming familiar with your case in Westfield.
An experienced lawyer can also help you by keeping track of the prosecution’s progress and watching for any procedural missteps. In the United States’ justice system, there are strict rules that must be followed when it comes to gathering evidence against someone accused of a crime. When law enforcement officers, prosecutors, or anyone else breaches those rules, a defendant’s constitutional rights may be violated, which can result in dropped charges or a mistrial.
FAQs
How Much Does It Cost to Hire a Lawyer for a DUI Causing Death Case?
The cost of an attorney is highly variable, and there are several factors that influence the final figure. Attorneys usually bill by the hour, and they set their own rates. Sometimes, there are also additional fees associated with their services. The complexity of your case affects how many hours your attorney must spend on it, so that also plays a major role in the ultimate cost. Most lawyers require an up-front payment called a retainer to begin working for you.
Is It Possible to Defend Against DUI Causing Death Charges?
Yes, it is possible to mount a strong defense against charges of DUI causing death. Even if you were unquestionably involved in an incident, a competent defense attorney can help explain your actions and point out any mistakes on the prosecution’s part. Sometimes, individuals are even falsely accused of driving under the influence. Field sobriety tests and even scientific tests like blood analysis are not always perfect. Your lawyer can help you demonstrate that.
Do I Really Need My Own Lawyer?
In the United States, you have the freedom to represent yourself in court if you want to, but when it comes to criminal charges, it is always a good idea to hire your own attorney. The legal system can be complicated, and having an experienced lawyer to help you navigate it can make all the difference in the outcome of your case. Most individuals are not knowledgeable enough to effectively defend themselves against criminal charges.
What If I Was Prescribed the Controlled Substance Involved in the Crash?
Sometimes, people are lawfully prescribed medications that affect them in such a way that they should not operate a vehicle. Tragically, it sometimes happens that the extent of these effects is not known to the person taking the medication, and accidents can occur as a result. Indiana law specifically states that having a prescription for whatever substance was in your system is a valid defense against DUI manslaughter charges. Discuss this with your lawyer.
Contact The Criminal Defense Team of Baldwin Perry & Wiley P.C. Today
If you are facing DUI causing death charges in Westfield, you need an Indiana attorney who can help you understand your charges, build a defense against them, and support you through the whole process. When you contact The Criminal Defense Team, you can rest in the knowledge that a Board Certified Criminal Trial Specialist is working for you.
Disclaimer: *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.