A determining factor in the charges you face when a DUI ends in death depends on whether you have prior DUI convictions. DUI sentencing may be enhanced, resulting in a more severe punishment. When a DUI causes death, determining if the charge is DUI murder or DUI manslaughter in Oklahoma rests on the idea that DUI is a predicate offense.
What Is a Predicate Offense in Oklahoma?
Committing an offense for the first time, like driving under the influence (DUI), results in a less severe punishment in Oklahoma. Though a first DUI conviction comes with harsh penalties, they are less severe than subsequent DUI convictions.
Additional DUI convictions after the first may incur enhanced sentencing, increasing the maximum punishment for the offense. In some instances, the classification of an offense may change. DUI is a predicate offense, allowing the punishments to become more severe the more DUI offenses you commit.
When a first DUI leads to death, the charge may result in a DUI manslaughter conviction in Oklahoma. After the first DUI in Oklahoma, another DUI causing death can change the classification of the offense from DUI manslaughter to DUI murder. Either charge may result in a DUI felony conviction in Oklahoma.
How Long Can a DUI Conviction Be Used to Enhance Sentencing?
The courts allow 10 years after a first DUI conviction for the enhanced sentencing of additional DUIs in Oklahoma. Prosecutors may increase or maximize the penalties you face for Oklahoma repeat DUI convictions because of the Oklahoma lookback period.
After the 10-year look-back period ends, enhancements for other DUIs should not occur. The classification of an offense and the degree of the charge and conviction are based on factors that pertain to the facts in your case. An experienced DUI defense attorney can argue against the evidence in a case to seek to reduce the classification and degree of an offense.
What is the Difference in Sentencing Between DUI Murder and DUI Manslaughter in Oklahoma?
The degree of DUI manslaughter will impact the penalty you may receive. DUI manslaughter (21 OK Stat § 715) generally carries punishments ranging from a minimum of four years and fines of up to $10,000. In some instances, commuting a jail sentence to a suspended sentence may occur. However, the facts of your case will determine the outcome.
Punishments for DUI murder can result in a minimum of 10 years to life in a state facility and any associated fines for the offense (21 OK Stat §51.1). Numerous DUI charges can increase the time you spend in prison, along with significant penalties. Additional fees apply based on the offense.
What’s the Difference in the Amount of a Sentence I Will Serve for DUI Murder vs DUI Manslaughter?
Oklahoma law classifies DUI murder and DUI manslaughter as 85% crimes, according to the Oklahoma Pardon and Parole Board. A conviction of either DUI offense requires you to serve a minimum of 85% of your sentence. In both instances, the possibility of expunging your record of the offense may be limited, requiring a knowledgeable defense to fight for optimal outcomes.
DUI murder and DUI manslaughter in Oklahoma are both significant offenses. An increase in arrests for DUIs may raise the risk of a DUI murder charge when death occurs as a result of drinking and driving. You deserve the right to a trusted defense when mistakes create challenging legal circumstances.