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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, including:

  • 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!