Marietta DUI Vehicular Manslaughter Lawyer

A DUI case can mean something even far more serious that it already was when another person lost their life in an accident. You can face charges for both the underlying DUI and vehicular homicide.

At Waid Law Firm, LLC, we provide our clients with a vigorous defense in high-stakes legal matters like these. You can trust attorney Addison Waid when you are facing serious charges. He uses both his experience as a former prosecutor and Marine Corps veteran and his compassion to provide you with a tailored legal defense that considers you as a person.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Call us today at 470-458-9866 to speak to an attorney during a free initial consultation.

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What Is DUI Vehicular Homicide?

In a DUI accident involving the death of another person, the driver will typically face at least two criminal charges. First, they will be charged with felony DUI. Second, they will be charged with vehicular homicide. These two are separate charges, and the prosecutor needs to prove different elements for a driver to be convicted of each.

Although there are two types of vehicular homicides in Georgia, a case that involves DUI will involve the more serious first-degree charges. In Georgia, first-degree vehicular homicide is defined as causing the death of another person with a vehicle without malice aforethought. What makes this criminal charge one of the first degree is that the driver is alleged to have violated one of a number of statutes contained in the law, such as reckless driving or DUI.

Vehicular homicide is one of the rare felonies that does not require the prosecutor to prove any sort of intent for you to be convicted. Merely being involved in an accident that resulted from DUI is enough to be convicted. The prosecutor could charge the crime as a second-degree case if they are less confident about being able to prove the DUI aspect of the case.

Penalties for Vehicular Homicide

A conviction on a first-degree vehicular homicide charge carries a jail sentence of 3 to 15 years. The penalties are elevated to a 5 to 20 year sentence and a five year license suspension if you are deemed to be a habitual offender, or if you were driving without a license. In addition, you will also face the mandatory loss of your driver’s license that is associated with the underlying DUI conviction.

There will typically be a penalty for both the DUI and vehicular homicide conviction. It is up to the sentencing judge to determine whether these sentences will run consecutively or concurrently. That will depend on the facts and circumstances of your case.

Defenses to a Vehicular Homicide Charge

To defend against the vehicular homicide charge, you will need to point to how you were driving at the time of the accident. The first thing that you can do is challenge the actual fact that you were under the influence when the crash happened. Here, you can attack the evidence that is supposed to show that you were intoxicated, which can include:

• The results of the field sobriety test that was administered through a claim that the officer did not follow the proper procedures,
• The results of the breathalyzer test resulted from the fact that the machine was not properly calibrated, or the officer did not work the machine correctly.
• The blood test evidence being used against you is faulty, whether the sample was improperly drawn or it did not have a continuous chain of custody

Then, you may also need to defend the way that you were driving at the time of the accident, since reckless driving can also be the basis of a vehicular homicide charge.

If you are able to successfully challenge the DUI evidence, your Marietta DUI vehicular manslaughter attorney may be able to persuade the prosecutor to agree to a second-degree charge or win an acquittal if your case goes to trial.

How a Marietta DUI Vehicular Homicide Attorney Can Help

If you have been charged with DUI vehicular homicide, the stakes could not be higher. You need an attorney who can perform an immediate investigation into the circumstances of your accident in the hopes of being able to challenge evidence in your case. Your attorney can also engage with the prosecutor in the hopes of reaching a plea deal that could result in either lesser charges or a reduced sentence. While 15 years is the maximum sentence, there is nothing that mandates that lengthy of a jail term, giving you room to negotiate.

Contact a Marietta DUI Vehicular Homicide Law Firm

A vehicular homicide charge is a grave threat to both your freedom and your life going forward. This makes it imperative that you hire a Marietta DUI vehicular homicide lawyer who can both investigate your case and work for you to obtain the best possible result. Schedule a free initial consultation with Waid Law Firm, LLC to begin with on your defense. You can message us through our website or call us today at 470-458-9866.