DUI Manslaughter Defense

DUI Causing Death Defense in Arizona

In Arizona, there is no distinct law for vehicular manslaughter or DUI causing death.  This means that a person charged with vehicular manslaughter will be charged with A.R.S. 13-1103, and will face the same consequences.  If you have been involved in a motor vehicle accident where someone was killed, it is very important to obtain legal representation right away.  Cases of suspected DUI where a person was killed are very harshly prosecuted in Arizona.

Vehicular manslaughter, generally speaking, would be the act of causing the death of a human being due to illegal driving of an automobile.  This means that it is possible to be guilty of manslaughter for a fatal accident, even when not under the influence.  In other words, not all vehicular manslaughter cases are DUI-related.  It is also possible to be deemed reckless while sober, if driving in a very unsafe manner, at an unsafe speed, etc.  Vehicular manslaughter requires more than ordinary negligence, which would fall under Arizona's negligent homicide statute (A.R.S. 13-1102).

In DUI cases, a driver will be charged with manslaughter if the driving causes the death of another person, including a passenger or an unborn child.  Manslaughter is a class 2 felony, punishable by up to 7, 12, or 21 years in prison.  Because vehicular manslaughter involves death, it will be punished more harshly, even though the intent was the same.  Harm counts, and that is also why DUI causing injury is treated more seriously than cases where no one is hurt.  On the other hand, Negligent Homicide (short of recklessness) is a class 4 felony, punishable by a maximum of 3.75 years in prison.

Defending DUI Manslaughter cases is complicated.  Not only must the defendant defend against the traditional elements of DUI, but also defend against being the cause of another person's death.  One can be guilty of Driving Under the Influence by having a BAC of .08 or higher, regardless of actual impairment.  A person can feel sober, but will still be in violation of the law if above the legal limit.  Additionally, a person can be guilty of DUI while below the legal limit, if impaired.  If that impairment also caused bad driving resulting in death, then the driver can be charged with manslaughter.
Common Arizona DUI Defenses

WHAT QUALIFIES AS RECKLESSNESS UNDER ARIZONA LAW?
Under Arizona Law, a person is driving recklessly when he or she consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.  This means that the defendant must have not only done something that puts people at risk, but also must have been aware of the fact that the actions put people at risk.  Prosecutors will argue that simply driving under the influence is enough to constitute recklessness, and will generally charge manslaughter if they can prove that a person was driving under the influence. 

HOW TO CHALLENGE CAUSATION
A driver involved in a fatal crash can be under the influence without causing the accident.  Accidents happen for a wide range of reasons.  Accident reconstruction can be conducted to determine what were the different causes of a particular accident.  While it will always be difficult to challenge causation in a DUI manslaughter case, the State does ultimately bear the burden of proof beyond a reasonable doubt.  This means that the government needs strong evidence to find someone guilty of causing another person's death; the mere fact that a person was under the influence will not, on its own, sustain a conviction for manslaughter.

RELATED ARTICLES: Manslaughter, Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

IF YOU OR A LOVED ONE HAS BEEN ARRESTED FOR DUI AND MANSLAUGHTER, YOU NEED AN EXPERIENCED ATTORNEY ON YOUR SIDE TO FIGHT FOR YOU.  CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH AN EXPERIENCED DUI LAWYER.
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DUI Resources:
Pima County Law Library
NHTSA AZ Highway Safety Report
NHTSA Website
ADOT DUI Information
Alcoholics Anonymous

Tucson, AZ DUI Important Links:
Tucson City Court (Misdemeanors In City Limits)
Pima County Justice Court (Misdemeanors)
Pima County Superior Court (Felonies)
AZDPS DUI Enforcement Unit
Tucson Police Department