Intoxication Manslaughter

Intoxication Manslaughter occurs when a person that is intoxicated or under the influence of alcohol and/or drugs is operating an motor vehicle of any type and causes an accident that results in a death. Like any manslaughter the resulting death did not occur by premedication, rather it was a result of a mistake, gross negligence or misjudgment.  The use of an intoxicant does not diminish or minimize the manslaughter charge and cannot be used as a defense.

Intoxication Manslaughter Penalties

Depending on several factors the range of punishments or penalties for intoxication manslaughter can vary considerably. In many situations the penalties will be less significant for a first time offender, but will quickly move towards the maximum allowable if there is another felony DWI or misdemeanor DWI or DUI on the individual's record. Each state has slightly different limits but most offer the following penalties.

Possible Penalties for Intoxication Manslaughter

• Jail time of up to 20 years
• Fines of up to $10,000
• Probation and random alcohol testing
• Interlock device on vehicle
• Alcohol classes
• Community service hours typically starting at a minimum of 200
• Revocation or suspension of drivers license

Intoxication Manslaughter Sentencing

The court will consider any other prior convictions or charges for any type of Reckless Endangerment or DUI or DWI, either at a misdemeanor or felony level.  In addition the court will also consider the conditions at the time of the accident and if there were any mitigating circumstances. Your defense attorney is essential in providing this information to the court during the hearing, and especially in working a plea bargain to avoid court proceedings if at all possible.

Intoxication Manslaughter Charges and Legal Help

Not only will a charge of intoxication manslaughter impact your ability to find work, it can also be devastating to your family and loved ones. Working with an experienced criminal defense attorney to have your charges reduced or modified, if possible, can prevent you from lengthy jail time and court fines and fees that can be extreme. Without legal representation you are likely to face the maximum sentence, so getting legal help early in the process is essential.