Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

Vehicular Manslaughter Lawyer Indianapolis Indiana 317-636-7514

Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

Are you worried about your pending DUI charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI lawyer in Indianapolis, Indiana who will put your mind at ease with a strong and impactful defense. We also represent defendants charged in Indiana but who live in another state.

Do Not Fall for These OWI Arrest Myths

Posted on September 21, 2020 by admin

There are many acronyms to describe driving a motorized vehicle under the influence of alcohol or controlled substance. These acronyms include “DUI”, which stands for “driving under the influence”, “DWI”, which means driving while intoxicated”, and “OWI”, which means “operating while intoxicated.” The important thing to know about these three acronyms is that they all represent the same criminal charge: operating a motor vehicle while under the influence of drugs or alcohol. This includes wine, beer, liquor, street drugs, and controlled drugs like prescription medication.

If you are currently facing criminal charges for drunk or intoxicated driving, it is critical to hire a private defense attorney who can protect your rights and preserve your freedoms. In the meantime, it is also wise to educate yourself about OWI’s and subsequent charges to better understand the penalties you may face.

So, continue reading to learn the top 3 misconceptions about OWI’s and subsequent charges.

Common OWI Misconceptions

#3 Fifty Percent of Road Fatalities are a Result of Drunk Driving

This statistic is well and wide-spread, but it is simply inaccurate. In fact, it is a bit embellished. The reality is that 40 to 50% of highway fatalities are “alcohol-related”, but this does not mean that all 40-50% are drunk-driving related. This statistic also includes pedestrians and passengers who may have had alcohol in their system. It is also inaccurate because these statistics include those with nominal amounts of alcohol in their systems, meaning only a drink or two, which does not necessarily make every person intoxicated. A more accurate representation of drunk driving fatalities lies more around ten percent.

#2 Lowering the Legal BAC Level Will Abate Drunk Driving Arrests

Humans have imbibed on fermented, alcoholic libations for centuries. And lowering the BAC levels will not thwart people from drinking. Accordingly, it is not likely it will change the rate of drunk driving either. You see, the average DUI BAC level is between 0.15 and 0.17 percent, so lowering the legal limit will not make an impact on those who are a serious threat.

#1 Breathalyzers Accurately Measure BAC Levels

This is a common myth about DUI’s and roadside chemical breath testing. Unfortunately, these devices are not always accurate at measuring the exact alcohol content in a person’s system. This is because breathalyzers only measure the amount of alcohol content on a person’s exhaled air. This is not always an accurate (nor reliable) indication of a person’s toxicity or impairment levels, especially since there are so many variables that can influence the number derived from such devices. This include body temperature, stomach fluid, rate of respiration, and more. Talk to a criminal attorney for help defending an inaccurate breathalyzer test.

The Truth About OWI’s

Being charged with an OWI can come with steep penalties and fines. This may include jail time, community service, restricted or suspended drivers’ license, ignition interlock device, ankle monitoring, house arrest, and more. It is encouraged to retain private counsel from an experience criminal defense attorney for the best chance at avoiding the maximum penalties for your OWI charges.

An Indiana Criminal Defense Law Firm That Will Fight Your OWI Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a DUI or OWI in Indianapolis, Indiana. Our Indianapolis DUI defense team offers free initial consultations for anyone who wishes to discuss their recent OWI charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

How to Win Your DUI Case in Hamilton County Indiana

Posted on August 12, 2020 by admin

If you are facing DUI charges in Noblesville, Carmel, Fishers, or anywhere else in in Hamilton County, Indiana, you might be wondering whether or not you should plead guilty or fight the case. Although pleading guilty will cut down on time and get the case closed sooner, it does entail a list of penalties and consequences. This can include hefty fines, community service, rehabilitation, probation, drug testing, suspended drivers’ license, revocation of professional licenses, and more.

Continue reading to learn what you need to know about fighting a criminal intoxicated driving charge in Hamilton County, Indiana.

Hamilton County Indiana DUI Attorneys 317-636-7514

Drunk Driving Charges are Serious Matters

Most drunk driving defendants can get their charges reduced, but they are still found guilty. That is why the best option is to take a plea deal so you can eliminate jail time and avoid the maximum charges for your crime. However rare, there are some DUI cases that get dismissed, but for very specific circumstances. Continue reading to learn which scenarios are likely to result in a drunk driving conviction, and which ones may get a person off the hook.

A Guilty DUI Conviction

In a DUI case, a defendant is likely to receive a guilty conviction is there is simply no refutable evidence otherwise that they were drunk and operating a vehicle, or, if their BAC was high. A BAC of 0.08 is perhaps arguable in terms of time and so forth, but BAC’s over 0.15 or 0.2 can definitely not be defended in any way. A person with a blood alcohol level of a 0.15 or higher is well over the national legal limit of 0.08 BAC. It is even more impossible to refute a drunk driving charge if, on top of an illegal BAC, a driver also fails a field sobriety test and a blood test and there were witnesses to the act.

Possible ‘Not Guilty’ Scenarios

A person facing a drunk driving charge may have a fighting chance for a not guilty verdict or case dismissal under certain circumstances. For example, if a person was not actually operating the vehicle at the moment they were stopped by an officer, they could argue that they were not driving so they were not breaking the law. This can occur if a person is sleeping in their back seat while the engine was off, or if a driver pulls over to get out and walk home because they feel too drunk to drive.

Another scenario that could result in a successful trial is if a person can prove that they had more than one alcoholic drink between the time they operated their vehicle and the time they were tested by the officer. This can occur if a person drives to a bar, has a few drinks, and is then questioned by a police officer because they are sitting near their vehicle. A case could also be dismissed or found not guilty if the alcohol test was a urine test. These are not very reliable and easy to disprove in trial, especially if the defendant’s BAC was less than 0.11 percent.

These rare and unusual scenarios are still tricky to defend, and still usually result in a guilty verdict. That is why you should hire an experienced and aggressive criminal defense lawyer who can tell you whether or not you should plead guilty to a DUI charge, and why. Your seasoned Indianapolis criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges.

Indianapolis DUI and OWI Defense That You Can Trust

Call Attorney David E. Lewis at 317-636-7514 if you are charged with a DUI or other type of intoxicated driving charge in Indianapolis, Indiana. Our licensed DUI defense lawyers will work around the clock to protect your rights and preserve your freedoms, including your driving privileges. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

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