Any DUI accident that results in the death of another can result in charges of DUI manslaughter. Per Idaho Statutes §316.193(3), someone who is operating a vehicle with a blood alcohol level (BAL) over 0.08% or when impaired, who causes or contributes to the causing of the death of a human or an unborn quick child is guilty of a second degree felony. According to the law, an "unborn quick child" is defined as a viable fetus; per Idaho Statutes §782.071, this refers to a fetus that is "capable of meaningful life outside the womb through standard medical measures."
The penalties for DUI manslaughter include the following:
In cases where the driver knew the accident occurred and fled the scene, they will also be facing charges of a hit and run. Failing to stop and render aid or give information is a serious criminal offense which can result in aggravated penalties. While the fine may stay the same, imprisonment may extend up to 30 years. In some cases, the defendant may also be sentenced to serve community service in a trauma center or hospital who regularly serves victims of vehicular accidents under the supervision of an authorized person.
Beyond the criminal charges that will be pressed for DUI manslaughter, the defendant may also face a civil case. Per Idaho Statutes §768.19 (2012), the surviving family members of the person killed have a right of action. Under this section of the law, when a person is killed by a "wrongful act," the surviving family members have the right to seek legal action in an effort to recover damages. This is done on top of and independent from the criminal charges; this case may result in the defendant paying restitution.
You do not need to accept criminal charges lying down. By getting the involvement of a high-quality Boise DUI lawyer, you can take the necessary steps to protect your rights and seek protection under the law. Charges relating to DUI manslaughter are some of the most serious offenses you could be facing. Not only are you at risk for monetary fines and incarceration, but if found guilty, you will also have your license revoked. This is severe and could have far-reaching effects on your life. It is therefore extremely important that no time is wasted in getting the involvement of a high-quality Boise defense attorney on your side.
When you need aggressive a DUI defense lawyer on your side, you should not hesitate to contact Boise Advocate, P.A. We know what is at stake and will do everything possible to provide our clients with the reliable legal assistance that they deserve. By working with our team, you will have access to over 20 years of combined experience during which we have handled more than 3,000 criminal cases. Why work with an inexperienced lawyer when you can have a heavyweight in your corner? To learn more about how we can step up to protect your rights, we encourage you to contact us as soon as possible. You can learn more about our firm by reading through our case results, as well as reading our attorney profiles.
Want to schedule a free consultation? We encourage you to call us at 208-391-2057. If you would like to send a message to our firm directly, you can take advantage of our online case evaluation form. We look forward to hearing from you and working to protect your rights.