Most people who get behind the wheel after a few drinks don’t intend to hurt anyone. You may have simply overestimated your driving ability or made a poor decision in the moment. However, when you end up in an accident that causes someone’s death, your life gets completely upended as well. You may face homicide charges for drunk driving-related manslaughter. These charges are serious and scary. You will need a homicide DUI defense attorney in Oklahoma to help you get out of this situation.
At Fabian & Young our Oklahoma DUI defense lawyers represent clients throughout Oklahoma charged with drunk driving, including DUI manslaughter. We understand the severity of the charges you’re facing. You can count on us to mount a strong defense on your behalf.
We will work tirelessly to protect you from the harsh consequences of a conviction. Whether that means pursuing a dismissal, challenging the state’s evidence, or fighting the charges at trial, we will find the strongest angle for securing a favorable outcome.
Call us today to get started.
What Is DUI Manslaughter?
Oklahoma law establishes several types of homicide charges, including:
- First-degree manslaughter, which applies if a death occurs because you were committing a misdemeanor-level DUI, whether it involved alcohol, marijuana or other intoxicating substances including prescription drug DUIs.
- Second-degree murder, which applies if a death occurs while you were committing a felony-level DUI that demonstrated a clear disregard for others’ lives.
First-degree manslaughter is sometimes called “misdemeanor manslaughter” because it refers to a death that results from a misdemeanor crime. However, the offense itself is a felony. “Vehicular homicide” is another term that refers to first-degree DUI manslaughter. A manslaughter DUI defense attorney in Oklahoma can help you navigate this.
With first-degree manslaughter, the prosecution doesn’t have to prove that you intended to kill someone. All they have to prove is that you were engaged in the crime of driving while intoxicated and that the crime caused the death of another person.
What Are The Consequences Of DUI-Related Manslaughter?
In Oklahoma, a conviction for first-degree manslaughter can result in:
- Imprisonment ranging from four years up to a life sentence
- At least 10 years if you have one prior felony offense
- At least 20 years if you have two or more prior felonies
- Fines of up to $10,000
- Loss of your driver’s license
- A permanent felony conviction on your record
- Loss of your ability to bear firearms as a felon
Oklahoma’s 85 percent rule applies to first-degree manslaughter. This means that if you’re convicted, you will have to serve at least 85 percent of your sentence before you’re eligible for parole.
What To Expect If You’re Charged With DUI-Related Manslaughter Or Murder
First, you can expect to appear before a judge for an arraignment. During this hearing, the charges will be filed against you, and you will be read your rights. It’s also your opportunity to enter a not-guilty plea, which will lead to the remaining steps in the process.
The pretrial process includes gathering evidence, appearing at a preliminary hearing and pursuing any motions (requests to the court) that will help your case. This is also the time to negotiate with prosecutors for a potential plea deal.
If your case goes to trial, you will have the option to have a jury or judge decide your case. If you get convicted, the next step will be a DUI sentencing hearing.
Understanding DUI Manslaughter Cases
While the consequences of a DUI manslaughter conviction are severe, it is important to understand that these cases are often more complex than they may first appear. Numerous factors can influence the outcome of your case, and a skilled defense attorney will explore every avenue to build a strong defense.
One important aspect of DUI manslaughter cases is the reliability of blood alcohol content (BAC) testing. Many people assume that a BAC test result above the legal limit is irrefutable evidence of intoxication. However, there are several ways to challenge these results. Some effective ways may include:
- Challenging the administration of the test.
- Questioning whether the equipment was faulty or had not been properly maintained.
- Investigating whether the blood samples could have been contaminated.
- Looking for errors in the chain of custody.
- Questioning whether medical conditions could have affected BAC readings.
Your Fabian & Young defense team will scrutinize every detail of the testing process to identify potential weaknesses in the prosecution’s case.
Another critical factor in DUI manslaughter cases is the question of causation. The prosecution must prove beyond a reasonable doubt that your alleged intoxication was the direct cause of the fatal accident. This can be challenged in various ways, such as:
- Demonstrating that other factors, such as road conditions or mechanical failures, contributed to the accident.
- Showing that the deceased party’s actions played a significant role in causing the collision.
- Proving that the accident would have occurred regardless of your alleged intoxication.
Accident reconstruction experts play a vital role in analyzing the evidence and providing testimony that can support your defense. The Oklahoma manslaughter DUI defense attorneys at Fabian & Young are experienced in using these experts in their clients’ defenses when appropriate.
Why An Oklahoma Manslaughter DUI Defense Lawyer Is Essential
First-degree manslaughter is a serious charge that can have a lifelong impact. It’s critical to have a lawyer on your side at all stages of the proceedings. The sooner you have an advocate on your side, the better you will be protected.
Not all manslaughter DUI defense lawyers in Oklahoma handle manslaughter charges. Make sure you find a team you can trust with your rights and freedoms.
Why Work With Our Team
You want skilled and experienced manslaughter DUI attorneys in Oklahoma on your side when you’re facing such severe charges and harsh potential consequences. The defense team of Stephen G. Fabian, Jr., and Brian P. Young is like having your own dream team of Oklahoma DUI defense lawyers.
Both attorneys are intimately familiar with the criminal justice system in Oklahoma. Both are experienced accident investigators and are knowledgeable in accident reconstruction techniques. These strengths are critical in confronting charges relating to fatal DUI accidents.
Mr. Fabian, himself a seasoned accident investigator, taught many of the legal procedures and laws of arrest to police officers. Mr. O’Brien was a police officer for five years as well as a prosecuting attorney for the Oklahoma DPS. These backgrounds will work to your benefit. Our firm also works with knowledgeable experts to support your case.
Building a Strong Support System
Facing DUI manslaughter charges can be a devastating experience. It is normal to feel overwhelmed and stressed.
But you must remember to care for your physical, emotional, and mental health. Surrounding yourself with a strong support system can help you through this challenging time.
In addition to having a strong Oklahoma manslaughter DUI defense team, you should consider seeking out more emotional and personal support. Some important resources to consider include:
- Family and Friends: Lean on your loved ones for emotional support. They can provide a listening ear and help with practical matters.
- Mental Health Professionals: Consider working with a therapist or counselor to process your emotions and develop coping strategies.
- Support Groups: Joining a support group for individuals facing similar charges can provide valuable insights and a sense of community.
- Substance Abuse Treatment: If alcohol dependency played a role in your situation, seeking treatment can demonstrate your commitment to change and may positively influence your case.
- Character Witnesses: Identify people who can speak to your character and contributions to the community. These testimonials can be valuable during plea negotiations or sentencing.
Remember, the legal process can be long and difficult. Taking care of your mental and emotional well-being is tremendously important. Your legal defense team at Fabian & Young can often provide names of resources and referrals to help you build this support network.
Call us today to learn more about how we can help you.
Take Charge Of Your Defense With an Oklahoma Manslaughter DUI Defense Lawyer
You have valuable rights at all stages of the criminal process. We can help you enforce those rights while pursuing a strong and effective defense.
To speak with one of our experienced Oklahoma DUI accident defense lawyers regarding your drunk driving accident charges, please call us at (405) 232-4384 or complete our intake form on our Contact Us page. No one will fight harder to protect your rights.