The classification of drunk driving according to the laws of all states is an alcohol blood level which exceeds .08%. While DUI laws can vary across states for younger or commercial drivers, the .08% BAC (Blood Alcohol Content) is consistent across all 50 states. Considering the fact this is a relatively low concentration, the chances of getting a DUI charge are high. It is a better choice to avoid drinking and driving as the laws are more strict than they have ever been and police are intensely on the watch. It makes sense because human lives are involved.
The penalties for a basic DUI, with no bodily harm to others, are basic and simple, especially with a first offense. In these cases, fines and probation are usually the penalties. With second offenses, jail time and very high fines are incurred. What happens when someone is killed by a drunk driver and the accused lives?
In most cases, the accused driver goes straight to jail for a dui murder charge. The bond placed will be high, perhaps higher than can be afforded. It is vital for those accused of DUI murder to get the best lawyer they can. Such defense will be required both before the trial and during the trial.
Drunk drivers accused of vehicular homicide face two possibilities. If the court determines that it is first degree murder or deliberate assault, the case will continue to prosecute for the murder as well as other charges incurred. Prosecutors in some states are at discretion to reduce the crime to second degree murder.
Getting Legal Help
No matter what penalties are being faced by the DUI accused, legal help will be needed. In some incidents, fault can be disproved. It takes expert DUI attorneys to pull this off. A public defender may not be able to do this job.
If the charges do amount to a prosecution, sentencing will require professional observation and litigation.