Driving while under the influence of alcohol is highly illegal in the United States. One of the reasons why you are not allowed to drive while intoxicated is the increased risk of an accident. In some cases, a car accident can lead to a catastrophe such as a pedestrian being killed. If you hit a pedestrian while under the influence of alcohol, you will not only have to face the trauma of having caused someone to lose their life, but you will also be facing potentially serious criminal charges.
Question Whether You Were Intoxicated
If you decide to hire a criminal defense lawyer, there are several types of defenses that this type of professional might mount to have your charges reduced or dismissed. One question is whether you were actually under the influence of alcohol or not. Your criminal defense lawyer might be able to successfully cast doubt on these assertions.
Challenge Basic Facts of Your Case
To charge you with DUI manslaughter, the prosecutor needs to prove certain basic facts of the case such as the fact that you were actually driving the vehicle. For example, if there might have been a different driver and the officer did not directly observe you operating the car, they might not be able to hold you responsible for the death of the pedestrian.
Dispute the Cause of Death and of the Accident
The prosecutor must prove that the individual who passed away was killed as a result of the car accident and not for another reason. Therefore, your criminal defense attorney may be able to effectively dispute the cause of the accident.
Another question is whether you are actually at fault for the death of the pedestrian. For example, if your lawyer is able to prove that the pedestrian was acting recklessly or that there was no way you could have seen the pedestrian, you may not be held responsible for the accident. If you are still considered to have been drinking and driving, your charges might be reduced to a felony or misdemeanor DUI.
Make the Prosecutor's Job Difficult
Proving manslaughter is very difficult for a prosecutor. When your case is in the hands of a skilled criminal defense attorney, they will make the job even more challenging so that you will be more likely to be acquitted. Your attorney may also be able to negotiate a plea deal so that you can plead guilty to lesser charges.
Contact a criminal defense lawyer to learn more.Share