Exploring the Role of Alcohol and Drug Use in Vehicular Manslaughter Cases

Vehicular manslaughter is a grave offense that can result in severe legal consequences for those found guilty. The seriousness of the crime is magnified when alcohol or drug use is involved, as it often plays a pivotal role in the incidents leading to the tragic loss of life. Understanding the role of alcohol and drug use in vehicular manslaughter cases is crucial for anyone involved in or affected by such incidents. This knowledge can shed light on the legal processes, the impact on the accused, and the potential defenses that might be available.

BDG-cert
top-100-trial-lawyers
maryland-superlawyers
founding-member-of-the-dui-defense-lawyer-assocaition
badge
avvo-10-10-superb-rated
av-preeminent-rating
america-s-top-100-attorneys
acs-chal-forensic-lawyer-scientist
dc-super-lawyers
ncdd-faculty
expert-network-distinguished-lawyer
lawyer-com
av-preeminent-rating-2018
2018-lawyers-of-distinction
proud-fellows-american-bar-association

The Legal Definition of Vehicular Manslaughter

Vehicular manslaughter, also known as vehicular homicide, occurs when a driver unintentionally causes the death of another person due to reckless or negligent driving. Unlike murder, which involves intent, manslaughter is typically characterized by a lack of intent to kill but involves actions that are nonetheless dangerous. When alcohol or drug use is involved, the legal implications become even more significant, as these substances impair a driver’s ability to operate a vehicle safely.

In many jurisdictions, vehicular manslaughter charges can be divided into different categories based on the level of negligence or recklessness involved. For example, a driver who causes a fatal accident while under the influence of alcohol or drugs may face more severe charges than a driver who was merely speeding. The presence of intoxicating substances in the driver’s system can be a determining factor in whether the charge is considered gross negligence, which carries heavier penalties.

The Impact of Alcohol on Driving Ability

Alcohol is a depressant that affects the central nervous system, leading to impaired motor functions, decreased reaction times, and poor decision-making. When a driver is under the influence of alcohol, their ability to operate a vehicle safely is significantly compromised. Even small amounts of alcohol can affect a driver’s reflexes and judgment, making it more difficult to respond to unexpected situations on the road.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

In vehicular manslaughter cases, the level of alcohol in the driver’s bloodstream at the time of the accident is often a key piece of evidence. Blood alcohol concentration (BAC) is measured to determine the extent of impairment. In most states, a BAC of 0.08% or higher is considered legally impaired. However, even a BAC below this threshold can be used as evidence of impairment, especially if the driver’s behavior suggests that they were not in full control of their faculties.

The impact of alcohol on driving ability is not limited to physical impairment. Alcohol also affects cognitive functions, leading to poor decision-making and increased risk-taking behaviors. This combination of physical and cognitive impairment makes driving under the influence of alcohol extremely dangerous and is a leading cause of fatal accidents.

The Role of Drugs in Vehicular Manslaughter

The use of drugs, whether illegal substances or prescription medications, can also play a significant role in vehicular manslaughter cases. Like alcohol, drugs can impair a driver’s ability to operate a vehicle safely by affecting their motor skills, perception, and judgment. However, the effects of drugs on driving ability can vary widely depending on the type of drug used, the amount consumed, and the individual’s tolerance.

Illegal drugs such as cocaine, methamphetamine, and marijuana are commonly associated with impaired driving. These substances can cause hallucinations, extreme mood swings, and a false sense of invincibility, all of which can lead to reckless driving behavior. In cases where a driver is found to have been under the influence of illegal drugs at the time of a fatal accident, the prosecution may seek to prove that the drug use directly contributed to the reckless behavior that caused the death.

Quote

With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!”

- Ryan W.

Prescription medications can also impair driving ability, especially when they are taken in higher doses than prescribed or combined with other substances, such as alcohol. Medications that cause drowsiness, dizziness, or slowed reaction times can be particularly dangerous when taken before driving. In some cases, a driver may not even be aware that their medication could impair their ability to drive, leading to unintentional but nonetheless dangerous behavior on the road.

Proving Impairment in Vehicular Manslaughter Cases

One of the key challenges in vehicular manslaughter cases involving alcohol or drug use is proving impairment. The prosecution must demonstrate that the driver was impaired at the time of the accident and that this impairment directly contributed to the fatality. This often involves presenting evidence such as BAC levels, drug test results, witness testimony, and analysis of the driver’s behavior and the circumstances of the accident.

In many cases, law enforcement officers will administer field sobriety tests at the scene of the accident to assess the driver’s level of impairment. These tests may include tasks such as walking in a straight line, standing on one leg, or following a moving object with the eyes. If the driver fails these tests, it can be used as evidence of impairment in court.

Toxicology reports are also crucial in proving impairment. Blood, urine, or saliva samples may be taken from the driver to test for the presence of alcohol or drugs. These tests can provide objective evidence of impairment, but they are not without their limitations. For example, some drugs can remain in a person’s system for days or even weeks after use, making it difficult to determine whether the driver was impaired at the time of the accident.

Related Videos

Steps to Take if You Were Arrested Today

Probable Cause

Defenses in Vehicular Manslaughter Cases Involving Alcohol and Drugs

Despite the serious nature of vehicular manslaughter charges, there are potential defenses that can be used in cases involving alcohol or drug use. One common defense is to challenge the accuracy or validity of the evidence used to prove impairment. For example, the defense may argue that the field sobriety tests were improperly administered, or that the toxicology reports were contaminated or mishandled.

Another defense strategy is to argue that the driver was not actually impaired at the time of the accident, or that their impairment did not directly cause the fatality. This may involve presenting evidence that the accident was caused by other factors, such as poor road conditions, mechanical failure, or the actions of another driver.

In some cases, the defense may also argue that the driver’s rights were violated during the investigation or arrest process. For example, if the driver was not properly informed of their rights before being asked to submit to a blood or breath test, the results of those tests may be inadmissible in court. Similarly, if the driver was subjected to an unlawful search or seizure, any evidence obtained as a result of that search may be excluded from the case.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

The Consequences of a Vehicular Manslaughter Conviction

A conviction for vehicular manslaughter can have life-altering consequences for the accused. The penalties for this offense vary depending on the circumstances of the case, but they can include significant fines, lengthy prison sentences, and a permanent criminal record. In cases involving alcohol or drug use, the penalties are often more severe, reflecting the heightened danger posed by impaired driving.

In addition to the legal penalties, a conviction for vehicular manslaughter can also have far-reaching personal and professional consequences. The accused may face the loss of their driver’s license, making it difficult to maintain employment or carry out daily responsibilities. They may also experience social stigma and damage to their personal relationships, as well as the emotional burden of knowing that their actions resulted in the death of another person.

Given the severity of the consequences, it is essential for anyone facing vehicular manslaughter charges to seek legal representation from a qualified defense attorney. A skilled attorney can help navigate the complex legal process, challenge the evidence against the accused, and work to achieve the best possible outcome in the case.

The Importance of Legal Representation in Vehicular Manslaughter Cases

Vehicular manslaughter cases are complex and emotionally charged, especially when alcohol or drug use is involved. The legal system can be daunting for those who are unfamiliar with its intricacies, and the stakes are incredibly high. This is why it is crucial for anyone facing these charges to have experienced legal representation.

A knowledgeable defense attorney can provide invaluable guidance and support throughout the legal process. They can help the accused understand their rights, assess the strength of the evidence against them, and develop a strategic defense tailored to the specifics of the case. In some instances, a defense attorney may be able to negotiate a plea deal or seek alternative sentencing options, such as rehabilitation programs, that can reduce the severity of the penalties.

Moreover, an attorney can help ensure that the accused receives a fair trial. This includes challenging any procedural errors, advocating for the exclusion of improper evidence, and ensuring that the prosecution meets its burden of proof. The role of the defense attorney is to protect the rights of the accused and work toward a resolution that takes into account all the circumstances of the case.

If you or a loved one is facing charges related to vehicular manslaughter involving alcohol or drug use, it is imperative to seek legal assistance. The legal team at Alpert Schreyer, LLC is committed to providing compassionate and effective representation for those accused of serious offenses. Contact Alpert Schreyer, LLC to discuss your case and explore your options. Your future may depend on it.