If a death occurred as a direct result of driving under the influence (DUI) of alcohol or drugs, you may be charged with a serious offense. If this is the current situation you are facing, you may be wondering what to expect after being charged with DUI manslaughter in Oklahoma.
This charge is far more serious than a standard DUI and can mean life-altering consequences if not taken seriously. Consulting with an Oklahoma DUI defense attorney can help provide an aggressive legal strategy to defend your rights and freedom.
First-Degree Manslaughter in Oklahoma
Under Oklahoma law, causing a death while driving under the influence is typically charged as first-degree manslaughter, which is a felony offense. To get a conviction, the prosecution needs to prove beyond a doubt that a person died directly due to the defendant’s unlawful behavior. Driving under the influence is only considered a misdemeanor without this connection.
A conviction for first-degree manslaughter carries a minimum prison time of four years up to life in state prison. If convicted, you must serve at least 85% of your imposed sentence before becoming eligible for parole.
Other significant penalties include significant fines and the permanent loss of your driver’s license. The collateral consequences of a felony criminal record and impacts on employment, housing opportunities, and your relationships can last your whole life.
Prior DUI Convictions and Second-Degree Murder Charge
If you have any prior DUI convictions within the last ten years, your first-degree manslaughter charge could be escalated to a second-degree murder charge. If convicted, the prison sentence increases to a minimum of ten years, up to life in prison.
Consulting a Criminal Defense Attorney
Given what is at stake, facing these types of charges, you need to immediately retain an experienced criminal defense attorney who understands how to litigate DUI manslaughter cases in Oklahoma.
Make sure not to make any statements, answer any questions, or consent to searches or field sobriety tests prior to consulting a lawyer. From the initial moments of arrest, your choices and answers are critical and can be the foundation of your defense or the case against you.
Developing a Defense Strategy
Facing a DUI manslaughter charge is not the same as a conviction. Working with a lawyer can help you develop a defense strategy, such as:
- Challenging the DUI Charge: You may challenge the accuracy of the blood alcohol test, based on calibration of Breathalyzer equipment, the chain of custody for blood samples, and whether the police followed proper protocol when administering tests.
- Challenging Causation: You may challenge that the victim’s death was not a direct result of your driving under the influence with an accident reconstruction expert. If evidence is able to show that another driver, the victim, or other causes were the actual cause of the collision and death, this may shift the causation determination.
- Violation of Constitutional Rights: Law enforcement is held to strict constitutional and procedural requirements during stops, investigations, and arrests. If your rights were violated due to an illegal stop, improper search, or failure to read Miranda rights, your attorney may remove incriminating evidence obtained as a result.
A DUI manslaughter charge requires a thorough defense. The best course of action will entirely depend on the specific facts and evidence gathered in your individual case, but be prepared by hiring an experienced legal team todefende your freedom.