Zionsville DUI Causing Death Attorney
Driving under the influence of drugs or alcohol is an extremely risky move, and sometimes it results in tragedy. Indiana takes driving while intoxicated very seriously, and even more so when a bad decision has resulted in death. If you find yourself facing charges for driving under the influence and causing the death of another person, you need strong legal representation. Reach out to an experienced Zionsville DUI causing death lawyer for help.
The Criminal Defense Team of Baldwin Perry & Wiley, P.C.
Few experiences in life are more daunting than facing serious criminal charges. When you are accused of a serious crime like driving under the influence (DUI) that resulted in death, your entire future is on the line, not to mention your reputation and social and professional potential. When the stakes are this high, you need a defense attorney who can rise to the occasion. At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we come to the defense of residents across the state.
At our firm, we have the privilege of housing five of the six Board-Certified Criminal Trial Specialists in the state of Indiana. In addition, one of our attorneys is a former prosecutor who has significant experience prosecuting major felonies such as murder. Both of these unique qualifications make us especially formidable for prosecuting attorneys. We know the criminal justice system inside and out, and we can stay one step ahead.
We also offer value to our clients through our extended availability. Legal emergencies happen all the time, and we recognize that problems do not discriminate based on the time of day. That is why we provide 24-hour legal support for our clients. Any time of the day or night, you can contact us if you need us.
DUI Causing Death Charges in Indiana
Alcohol and drugs are prolific in our culture. Alcohol is so prevalent that it is a staple of many social gatherings. However, we also know that driving under the influence of alcohol and drugs is incredibly dangerous because of impaired judgment and slow reflexes. In the United States, an average of 32 people are killed in car accidents caused by intoxicated driving every day.
In the state of Indiana, like most other U.S. states, a person is considered intoxicated if they have a blood alcohol concentration (BAC) of at least 0.08%. Under normal circumstances, assuming no one has been injured because of the intoxicated driving, the offense is a Class C misdemeanor. It becomes a Class A misdemeanor if the driver’s blood alcohol level is 0.15% or higher, or if the driver’s behavior puts people in danger.
When someone is actually hurt or killed because of intoxicated driving, the charges become much more serious. A DUI resulting in death constitutes a Level 4 felony. The driver may also be charged with involuntary manslaughter, which is a Level 5 felony in Indiana.
Penalties for DUI Resulting in Death
When a person drives under the influence of drugs or alcohol and causes the death of another person, they can be charged with a Level 4 felony for the DUI and potentially also a Level 5 felony for involuntary manslaughter, depending on the circumstances of the incident. Potential penalties for both of these offenses are as follows:
- Level 4 felony. A Level 4 felony can be punished by two to 12 years in prison and a fine of up to $10,000.
- Level 5 felony. Conviction on Level 5 felony charges can result in a prison sentence of one to six years and a fine of $10,000.
Judges in Indiana have significant discretion when it comes to sentencing, and a defendant’s prior criminal record and any aggravating or mitigating factors associated with the offense may influence the judge’s decision.
Hire a DUI Causing Death Lawyer
If you are facing charges for driving under the influence resulting in someone else’s death, you should hire a DUI causing death lawyer at your earliest convenience. Your lawyer can help you from the very beginning of the criminal justice process. A seasoned attorney can also help you by watching for any mishandling of your case in Zionsville, including illegally procured evidence that may be inadmissible in court.
FAQs
Why Might a Person Be Charged With Involuntary Manslaughter for a DUI Resulting in Death?
According to Indiana law, involuntary manslaughter is defined as accidentally killing another human being during the commission of a felony or serious misdemeanor. Because driving under the influence of alcohol or drugs can be charged as a Class A misdemeanor, some instances of DUI causing death lend themselves to involuntary manslaughter charges.
Is it Possible to Avoid Jail Time if You Are Convicted of a Level 5 Felony?
Yes, it is possible to avoid jail time in Indiana if you are convicted of a Level 5 felony, but whether that is likely in your specific case is dependent on the judge’s discretion and your prior criminal record, among other contributing factors. Legally, a judge can decide to impose a sentence of probation rather than jail time.
Can a Person Be Charged With DUI if They Have a Prescription for the Drug in Their System?
Yes, a person can technically be charged with a DUI in the state of Indiana even if they have a prescription for the controlled substance in their system. Every driver has a responsibility to drive their vehicle responsibly, and that still applies when a medication that causes impairment is necessary.
What If I Don’t Believe I Was Intoxicated?
If you are being charged with DUI causing death and you do not believe you were intoxicated, your attorney may be able to help you challenge the prosecution’s version of events. Occasionally, scientific tests like breathalyzers and blood analyses are faulty and return false positive results. Field sobriety tests are also highly subjective and prone to error.
Contact A Zionsville DUI Causing Death Lawyer At The Criminal Defense Team Today
When you are facing high-stakes charges, you need high-caliber legal representation. At The Criminal Defense Team of Baldwin Perry & Wiley P.C., our Board-Certified Criminal Trial Specialists are ready to help you defend yourself and protect your rights. If you are ready to take the first steps, contact us to discuss your needs.
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.