What to Expect if Charged with DUI Causing Death
In the moments after being charged with DUI causing death, you will want
answers and our Bakersfield DUI attorneys are the resource you need. You
will be prosecuted under California Vehicle Code § 191.5 PC and can
be faced with serious and life-altering penalties if convicted.
Get in touch with Campbell Whitten today to find out what defenses can be used in your case.
Vehicular Homicide with Regular Negligence
When someone was killed as the result of another’s drunk driving,
it will be sentenced in a similar way to the enhancement of great bodily
injury. That means that three years of prison time will be added to the
defendant’s sentence and it will be counted as a strike.
Vehicular Homicide with Gross Negligence
In the case that gross negligence is discovered, the offender will be sentenced
with up to 10 years in prison. Gross negligence is applied when the alleged
offender’s driving was bad in nature and a law was violated. For
example, the driver could have blown through a red light or been found
to have been speeding. An excessive blood alcohol content (BAC) level
can also be the aggravating factor that adds gross negligence to the client’s offense.
These sentences apply if it is the driver’s
first DUI. A past criminal record with DUI will also be taken into consideration
when the court is evaluating the case.
Getting the Defense You Need by Your Side
Prosecution will need to prove that your intoxication was the immediate
cause of the victim’s death. They will use a variety of factors,
- Evidence from the scene of the accident
- Blood alcohol testing of the driver
- Testimony of a crash investigator
- Witness testimony
You do not have time to waste to get our legal team by your side. We work
together to build a case based on problems found in the charge against
you. As prosecution is investigating your case, we can get to work building
a strong defense. Get a hold of our DUI attorneys serving Bakersfield
today by calling (661) 735-1038!