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Speak Up! - View Question #81 |
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Question: What is the consequences of DUI if someone in the car in with you is killed?
Answer: Regular Driving under the influence is a misdemeanor,and carries minimum mandatory sentence of 10 days jail, 9 suspended for completion of alcohol screening. The minimum fine is $250 + 77%. Felony DUI (if you license is suspended, or you have 3 prior misdemeanor DUI's) requires 4 months in the Department of Corrections and probation, $250 fine +77% and $250 fee.
If someone is killed as a result of your DUI, whether its your passenger or someone else, you could be charged with Negligent Homicide, Manslaughter, or even Second Degree Murder. If it is a first felony conviction for the defendant, Negligent Homicide can have a sentence of 1 - 3.75 years; Manslaughter carries a sentence of 3 - 12.5 years; Second Degree Murder carries a sentence of 10 - 21 years. The sentences are much longer if the defendant has prior convictions, anywhere from 2.25 years to 35 years, depending on which offense you are convicted of. For any of those offenses, probation is either not likely or not available. What you get charged with for the death would depend on the circumstances; how drunk you were, how the accident happened, what the state of the person killed was - where they sober or drunk too. Anyway you look at it, if you kill someone while driving drunk, if convicted you will probably go to prison for a number of years, and maybe for a long time.
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| 1 thru 5 of 14 comments |
On 06/02/04
DJ from CA said:
I know first hand how it feels to lose a loved one to a DUI. I also know how it feels to lose a friend to being charged with a DUI where others were killed. Ruining other lives is not going to bring back those who have died, bless their souls, no matter how painful your loss. The system was designed to rehabilitate. Placing an otherwise productive person in jail with career criminals,rapists, etc. is only going to psychologically damage the individual more. Eventually the person will end up in mainstream society a hardened criminal, with even psychological trauma and nothing to lose.SCARY!
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On 05/11/04
Bama from AL said:
we lost our only child to a young man DUI on Drugs that ran a red light, he was arrested for Murder DUI , Indicted for Murder DUI, Convicted for Murder DUI , by a jury . In Alabama - The Law States ,as it should in the other states, if your indangering or disregarding life, other than your own, while impaired , it is Murder!! If when you got your diver permit it stated this & after signing it that your aware of the charges then no way out, if this Law was in place in all states and inforced regardless who you are or how much money you have. It may cut the deaths down to 8,500 a years - 1 half
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On 03/11/04
Everett from IL said:
I think you are right becuase when people get there licence they talk about DUI and I Think it is stupid when you say that you are not going to drink and drive
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On 03/03/04
Vanessa from Othe said:
I was friends with a boy that was killed by two drunks. It was an accident and the two in the car were just meaning to scare the kids walking on the street, but wound up hitting 5 kids walking home from a party. It wasnt the drivers fault but they had both been Driving under the influence so should have the same consequences. Nobody can take back what has happened and so many have been hurt by the loss. I think there should be consequences. I think anyone driving under the influence should be treated as a murder. The owner of the party and the two boys in the car were charged, but we stil hurt
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On 02/04/04
Amy from MI said:
So are you saying that if a person is sober, and they get in a car accident, and the person dies, they should be charged with first degree murder? I mean you have to have the intent to actually kill to get charged with murder. Thats why they have different degrees such as manslaughter and negligent homicide, and murder.
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