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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On 10/01/03
Jessi from AZ said:
I believe this law isn't being used very much. A year ot two ago, a girl from Bagdad was drinking and drove her car into a wall. She killed two of her friends in the accident. Now she has a new car and brags that it's faster than the one she crashed. Because of this, I believe that the justice system in Arizona is so destroyed that only the guilty benefit from it.
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On 06/24/03
amanda from AL said:
there is always a gray area. sounds like this guy should be scarred for life and spend alot of that time behind bars. when your friends tell you the law is to harsh ask them how they would feel if they were the ones dead.
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On 03/30/03
Maya from VA said:
I recently had a friend who was high in the car with two other kids. He was driving too fast on a turn, hit two trees, and the car flipped three times. One passenger hit his head and became unconscious. The other was slit open by the t-top roof and bled to death. The driver got a gash up his face to the bone. I think he should be charged with manslaughter because the law is the law and he did kill someone because of his own reckless driving; a car is not a toy. Then again, my friends argue that the accident has already ruined his life, that he is emotionally scarred forever, and that the law i
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On 01/24/03
pamela from KY said:
killing somene is killing someone. whether or not your sober or drunk. you know before getting drunk, that you could kill someone. All MURDER should be treated the same, whether it was done by pulling a trigger, a stab with a knife, or a drink of alcohol.
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