Wednesday, July 28, 2010

How Vehicular Manslaughter Charges Can Affect You

DUI is a serious charge in Arizona, but that's particularly true if you were driving under the influence, got into an accident and someone was killed as a result of the collision.  Even if you were barely above the legal limit and had no intent whatsoever to cause any sort of injury or death, it may not matter should the state decide to prosecute you under this charge.

Below is a brief look at how the vehicular manslaughter laws work in Arizona, but if you are facing prosecution for this sort of situation, the worst thing you can do is sit in fear and hope that it goes away, as it will not.  The best thing you could do right now is contact a criminal defense lawyer and start building your defense right away.

Vehicular Manslaughter Laws in Arizona

Ironically, there is no statute in Arizona that speaks specifically to DUI vehicular manslaughter.  Instead, other laws are invoked to bring the prosecution forward, and the following laws are relevant as law enforcement moves towards an arrest.

13-1103. Manslaughter; classification

A. A person commits manslaughter by:

1. Recklessly causing the death of another person;

Recklessly is the key word in this statute, as the Arizona laws dictate that anyone who is proven to have been driving under the influence is acting recklessly as a matter of law.  Specifically, it means that a person knew of the risks he was encountering and acted anyway with disregard for those risks.  Therefore, a person convicted of DUI and who caused an accident that led to a death will be charged with manslaughter, which is a Class 2 felony.

If you are convicted of manslaughter because of a DUI, you could face a substantial prison sentence.  While there is a range available to the court, a defendant could face up to 21 years in prison if he or she is convicted.  This does not include any other charges that could be 'bundled' with your conviction, inclu

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