The short answer to this question is “yes”. While not often compared to guns, it should be remembered that a car can be as deadly a weapon as a gun. Of course, the actual charge will depend on the circumstances surrounding the accident as well as the state where it occurred. Following is a look at murder, vehicular homicide, and manslaughter that a drunk driver could be charged with.
Murder
In general, crimes have two basic elements: a guilty mind and a guilty act. The specific elements for murder are that the accused must have (1) purposely or knowingly (2) caused a death (3) of a human being. If the prosecution can prove each of these elements beyond a reasonable doubt, then you can be charged with second degree murder. In states that do not have degrees of murder, then more than likely you would face a manslaughter charge. This, because in homicide by a drunk driver, there is generally no premeditation and therefore no first degree murder charge is possible.
Vehicular Homicide
Vehicular homicide is defined as the killing of another person by one’s unlawful or negligent operation of a motor vehicle. Proving vehicular homicide does not require the proof of intent; however, this does not mean that one is immune from a murder charge if that intent can be shown. Even in states that have a vehicular homicide statute, it is still possible for one to be charged with murder.
In vehicular homicide, there may not be a clear intent, such as someone deciding that they are going to kill a person with their car. However, there are cases where a person’s actions throughout the evening are so egregious (shocking or horrible) that the law implies intent to kill. With that element proven, one can be charged with second degree murder for drinking, driving and killing another human being. Again, no first degree murder charges are likely because there is generally no premeditation in vehicular homicide.
Manslaughter
Manslaughter is defined as the unlawful killing of a human being without “malice aforethought” which is the intent to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Involuntary manslaughter is the charge that would most likely be made against a drunk driver. This type of manslaughter, like vehicular homicide, is a homicide where there is no intent to kill, but that is committed with criminal negligence…” This could be the charge if second degree murder is not available in your state.
Summary
Killing someone as a result of drinking and driving is always a serious matter; but under some circumstances and in some states, it can be an even more serious matter. Especially when there is a habitual drunk driver involved or the state is able to show intent, a person may well be charged with murder. Furthermore, while rare, some states including North Carolina and Kentucky have charged such drivers with capital murder (first degree murder) where they can prove each of the elements necessary.
If you have been involved in a fatal DUI accident, you should seek the advice of an attorney as soon as possible so that you can find out exactly what the state can charge you with and what options you have while facing those charges.
