Cases involving allegations of DUI manslaughter charges and/or DUI maiming charges can be defended on several grounds. For example, a defendant can show that their driving was not the actual cause of a person’s injury or death. Like with lawsuits involving car accidents and personal injuries, the prosecution will have to show that your driving under the influence caused the accident or injury. An expert can also review the autopsy or medical records of the victim and determine if there was another cause of death or injury besides the car accident.
A defendant can also show they were not actually intoxicated at the time of the car accident, such as by using an expert to prove that any lab results are flawed or incorrect. A defendant can also point to other circumstances surrounding an accident, such as negligence by other drivers or difficult road conditions, to prove their conduct was not “so gross, wanton, and culpable as to show a reckless disregard for human life.”
Even in cases where the evidence is strongly against you, an experienced criminal defense attorney can also help you avoid the harshest penalties by negotiating a more favorable deal with the prosecutor. For example, by attacking weaknesses in the prosecutor’s case or through the presentation of mitigating evidence, such as expert analysis, you may be able to plead to a lesser offense, such as a regular DUI or involuntary manslaughter. As long as the DUI manslaughter is not aggravated, a conviction for DUI manslaughter or involuntary manslaughter is eligible for sealing and expungement after the defendant meets certain conditions.
