DUI Charges Involving Death in Georgia

DUI Charges Involving Death in Georgia

Getting charged with a DUI is scary enough, but when that DUI charge involves a death, the consequences become much more severe. As a Georgia resident, it’s important to understand the laws around DUIs involving fatalities, and what you can expect if you find yourself in this situation. This article will break it down in simple terms so you know what you’re facing.

Types of Charges

There are a few main charges in Georgia to be aware of when it comes to DUI crashes involving a death:

• Vehicular Homicide – when your drunk driving causes an accident that kills someone. This can be charged as 1st degree (felony) or 2nd degree (misdemeanor).
• Feticide by Vehicle – when your drunk driving causes an accident that kills an unborn baby.
• DUI Less Safe – when police determine you were impaired behind the wheel, even if you were under the legal limit.

The specifics of the incident will determine what you are charged with. But no matter what, these are very serious crimes that carry severe penalties.

Penalties

A standard DUI conviction in Georgia usually involves fines, license suspension, community service, and the possibility of jail time. But when someone is killed, the punishments ramp up significantly:

• 1st Degree Vehicular Homicide – 3-15 years in prison per death
• 2nd Degree Vehicular Homicide – Up to 12 months in jail per death
• Feticide by Vehicle – 3-15 years in prison
• DUI Less Safe – Up to 12 months in jail

If multiple deaths occur, the sentences for each charge can be stacked consecutively. So you could end up spending decades behind bars if found guilty.

Defenses

When facing DUI charges involving a fatality, the most important thing is to get an experienced DUI defense attorney on your side immediately. A skilled lawyer understands these complex laws and can build the strongest defense to help avoid harsh punishments. Some potential defenses include:

• Challenging if the DUI actually caused the death
• Disputing the evidence used to charge you
• Questioning the police’s procedures during your arrest
• Negotiating with the prosecutor for reduced charges

You may also have options like entering a pre-trial diversion program or pleading to reckless driving instead of DUI. A good lawyer will know how to navigate the system to put you in the best position.

Wrongful Death Claims

On top of criminal charges, if you caused an accident while driving impaired, you may also face civil lawsuits from the victim’s family for wrongful death. This allows them to sue you for damages like:

• Medical and funeral expenses
• Loss of future income
• Pain and suffering
• Loss of companionship

While money can never replace a lost loved one, financial compensation can help ease the family’s burden. Make sure your attorney is prepared to defend you on both the criminal and civil fronts.

Get Legal Help Now

Being arrested for DUI is scary, but a drunk driving accident involving a death takes things to a whole other level. The penalties are extremely severe. That’s why it’s critical to have an experienced DUI defense lawyer helping you from the very beginning. Don’t say anything to police until you have legal representation. A skilled attorney understands these complex laws and can build the strongest case in your defense. This gives you the best shot at avoiding harsh punishments like years behind bars. Don’t leave your future up to chance. Get the strong legal defense you need right away.