Oklahoma DUI Involving Death or Serious Injury
Oklahoma law typically classifies DUI as a misdemeanor offense. However, if an individual is under the influence and causes an accident resulting in death or serious injuries, this will result in a felony charge. Carrying the potential for prison time, a DUI manslaughter or serious injury charge can have a significant impact on your future.
DUI and Fatalities
If an accident involves fatalities, you could be charged with first degree manslaughter or second degree murder. This charge carries up to life in prison upon conviction.
To prove a manslaughter case, the prosecution must establish that a person died, that you were responsible for that fatality, and that this was the result of committing a misdemeanor—in this situation, drunk driving. For a second degree murder charge, the prosecution is responsible to prove that you engaged in a dangerous act with disregard for the lives of others and that the incident happened while you were committing a felony offense—in this case, driving under the influence.
Serious Injury DUI
You may be charged with a felony offense if a DUI-related accident resulted in serious injuries to other. In this case, serious injury involves risk of death, extreme physical pain, loss of cognitive abilities or disfigurement.
Fighting DUI Involving Death or Serious Injuries
For the prosecution to be successful in a DUI case involving death or injuries, it must be established that you were the direct cause of the accident and that you were intoxicated. Your attorney may use an accident reconstruction specialist to examine the scene of the accident and determine the events that led to the collision. A defense attorney may also work with a blood alcohol content (BAC) expert to evaluate the validity of your test results.
There is a lot at stake in a DUI death or serious injury case. Trust your charges to the experienced attorneys at the Edge Law Firm. Complete our online form now or call (877) DUI-EDGE or (918) 582-6333 for a free consultation.