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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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| 6 thru 10 of 14 comments |
On 01/27/04
Salena from KY said:
killing some one is murder even if you didnt mean to do it, the person driving should know not to drink and drive and if they have there licens they should of known that befor hand.
All murders should be treated the same!
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On 01/09/04
Sarah from AZ said:
I had a close friend die in a car accident. She was around 16. Her younger sister was there and was one of the ones that survived. The driver and my friend survived. The two girls in the back died instantly. I miss my friend alot. I wish I could of told her that I loved and missed her.
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On 01/04/04
Melissa from AZ said:
I agree with Pamela. Driving intoxicated is the same thing as stabbing or shooting someone, the intoxicated person knows better when he or she downs that bottle of beer, I believe that is the same thing as having intentions to shoot/stab someone. Think about it, if some [jerk] (a "friend" or someone in another car) decides to drive drunk and kills your child, what would you want done to them?? Treat it differently then an intentional homicide?? Make the penlty less severe?? I would want them to serve as much time as someone who would put a bullet in someone's chest.
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On 11/12/03
nicole from AZ said:
i dont drink, so that would conclude that i dont drive drunk, but i dont believe what pamela from KY said about murder is murder and it should be treated the same because stabbing someone or shooting them is the intent to kill. most of the time is was thought out and planned. i have lost many friends from drunk driving accidents so i know how a loss like that feels but im not saying that its right to do because by no means is it right, but murder is different from neglet homicide
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On 10/07/03
Kristin from OH said:
I definately agree that a murder is a murder. There is no way around it. If a man gets the death penalty due to a gun murder, then a person that drinks, drives, and kills someone should get the same punishment. People do need to realize that it is wrong. I worry about my family getting killed due to a drunk driver all of the time. No one should have to worry about people driving under the influence. No one! Oh! Driving under the inlfuence does mean all ILLEGAL SUBSTANCES!!!
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