Intoxication Manslaughter is an accusation commonly made of those accused of murder. The reason for this is that when a person dies as a result of an alcohol overdose, a legal process follows. This is a self-incriminating statement and has historically proven to be very damaging to a defendant.
However, at least in the U.S., this is also what most states require of those who are charged with manslaughter. That is why it is so important for an accused person to be represented by an attorney. With an attorney, the charges against you can be thrown out entirely.
What happens when a person is accused of intoxication manslaughter? First, you must be examined by a court-appointed doctor. If there is a suspicion of intoxication, the doctor will have to determine how much alcohol is in your system. At this point, you will be charged with murder by driving under the influence.
During this examination, a witness will be called to testify. If you are found to be intoxicated at the time of the incident, this witness will testify as to the level of intoxication. In other words, the witness will tell the court just how drunk you were at the time of the incident.
The prosecution will then move for a criminal charge against you. One of the options would be to include the death of the victim as a result of your driving under the influence. This crime carries the death penalty. Unfortunately, this option is reserved for the most violent offenders.
A lot of attorneys specialize in intoxication manslaughter. This is because they know what can happen in a case like this. In many cases, a person convicted of this charge will receive not one, but two or more life sentences.
The typical punishment for such cases is life in prison. This is usually accompanied by a $1 million fine and a lifetime ban from operating a motor vehicle. Just think about it.
However, even in this dire case, the punishments offered by intoxication manslaughter may not be severe enough. This is because of the fact that so many factors have to be considered before such a sentence is handed down. For example, a person can be guilty of drinking and driving when the blood alcohol content level is not below .08%.
For any offense other than driving under the influence, the blood alcohol content level has to be measured at least four hours before the driving has begun. Most states even allow for an additional hour. This means that the individual may not be guilty of this charge.
Of course, there are other factors to be considered in legal proceedings. For example, the motive for the accused person. While drunk driving generally is a cause for legal action, intoxication manslaughter charges may arise for the mere fact that the accused person may have been injured or killed as a result of the incident.
Intoxication Manslaughter can be dealt with very easily in court. However, this crime comes with a very strong legal stigma and can result in the loss of life and freedom.