Other DUI Charges
DUI Great Bodily Injury
If you cause an accident that results in great bodily injury (a broken bone, impaired function of a bodily organ, dismemberment, etc.) while driving under the influence, you may be charged with DUI Great Bodily Injury. Penalties are more severe than a DUI where an accident does not occur.
If you cause an accident that results in the death of another person while driving under the influence, the state may charge you with Manslaughter. To convict you, the state must prove that a death occurred, that the death was a direct result of your actions, and that there was an underlying misdeameanor crime (like a first time DUI). DUI Manslaughter carries a minimum term of 4 years in jail and up to life in jail if you are convicted, so engaging an attorney to aggressively defend you is critical.
If you cause an accident that results in the death of another person, and the underlying crime is a felony or if the state can prove that you acted with intent, then you could be charged with second degree Murder. If, for example, you have had a prior conviction for DUI within the last 10 years, you can be charged with 2nd degree murder because your second DUI within 10 years is a felony charge. If convicted, you could serve anywhere from 10 years to life in prison. DUI murder is one of the most serious charges you can face and is treated the same as any other felony murder. As with DUI Manslaughter, you should immediately engage an attorney to defend you.
Actual Physical Control (APC) is the crime of being intoxicated and in control of a motor vehicle, but not driving. Generally, these cases arise when an officer finds someone (who is intoxicated) asleep in their car. The law is based on the idea that you could drive away at any time and be a danger to others. Unfortunately, that means that even if you have good intentions and decide to sleep in your car and not drive, you can still be charged. APC carries the same consequences as a DUI.
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