If you’ve been charged with DUI manslaughter, you may feel scared, uncertain, or consumed by guilt, wondering what will happen next. This type of DUI means someone has died, and the legal consequences are serious. But understanding what DUI manslaughter is and what steps to take can help you navigate this difficult time.
What Is DUI Manslaughter in Oklahoma?
“DUI manslaughter” isn’t an official legal term in Oklahoma. If you’re charged with this crime, you are legally being charged with first-degree manslaughter. This charge applies when someone dies as a direct result of your actions while you were committing a misdemeanor—in this case, driving under the influence.
To convict you of DUI manslaughter, the prosecution must prove three elements:
- Someone died.
- Your actions directly caused their death.
- The death happened because of the misdemeanor crime you were committing.
It’s important to know that DUI manslaughter doesn’t require intent: You don’t have to mean for someone to die to face this charge. You should also know that it only applies to deaths caused by a misdemeanor DUI. If you were committing a felony DUI at the time, such as driving under the influence after a prior DUI conviction within the past 10 years, the charge escalates. In that case, you could face second-degree murder or felony murder charges, which carry even harsher penalties.
What’s the Sentence for DUI Manslaughter?
DUI manslaughter is a felony charge, and the penalties reflect the severity of the offense. In Oklahoma, a conviction comes with a minimum prison sentence of four years and can go up to life in prison. Your DUI manslaughter sentence will depend on the circumstances surrounding the case and your criminal history.
Oklahoma considers first-degree manslaughter an “85% crime.” This means you must serve at least 85% of your sentence before becoming eligible for parole. Plus, while many DUIs can be expunged, most 85% crimes can’t, leaving a permanent mark on your record.
In some cases, it’s possible to receive a suspended sentence, which allows you to avoid jail time. However, even with a suspended sentence, you could face driver’s license suspension, steep fines, skyrocketing insurance rates, and a lifelong criminal record.
What Happens After a DUI Manslaughter Charge?
Many DUI manslaughter cases don’t proceed to a jury trial because defendants and their attorneys choose to negotiate with the prosecutor for a plea deal or present a blind plea to the judge in hopes of a more favorable sentence.
In some cases, your attorney may decide to take your case to trial, especially if there’s evidence that could weaken the prosecution’s argument or if a jury might be more sympathetic. In those cases, the jury might give you a lesser DUI manslaughter sentence than a judge. Every case is different, and an experienced DUI attorney can help you decide which approach is best.
Possible Defenses for DUI Manslaughter
While facing a DUI manslaughter charge is serious, there are potential defenses your attorney can use to challenge the case against you. Some common defenses include:
- You didn’t cause the death. Your lawyer might argue that the death wasn’t directly caused by your actions. For example, if another driver or dangerous road conditions caused the collision, you may not be fully responsible.
- You weren’t under the influence. Your attorney could challenge the evidence that you were impaired. Faulty breathalyzer tests, mishandled blood samples, or medical conditions that look like intoxication can help prove you weren’t under the influence.
- Other mitigating factors. If any evidence was obtained unlawfully, your lawyer might also file motions to have it excluded.
Get an Experienced Attorney on Your Side
DUI manslaughter is a life-changing charge with severe consequences. Even though it may seem overwhelming, you don’t have to face it alone. An experienced attorney can analyze the evidence, explore potential defenses, and work to get you a plea deal or fight for your case in court. The right legal strategy can make a big difference in the outcome of your case.
Our team can help you navigate the legal process with confidence. Don’t wait—contact us for a free case evaluation and get the support you need today.