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Understanding the charge of “DUI Manslaughter”
The term “DUI Manslaughter” in Oklahoma law refers to a manslaughter that occurs as a result of an accident caused by someone who is under the influence of drugs or alcohol. This term does not actually appear in the criminal statutes or the criminal case law, but is commonly used and commonly understood within the criminal justice system. In Oklahoma "DUI Manslaughter" is "first degree" manslaughter.
In Oklahoma a homicide is manslaughter in the first degree when “...perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.”( See Title 21 O.S. § 711 (1)); this is known in Oklahoma as Misdemeanor Manslaughter and the term “DUI Manslaughter” is simply stating which misdemeanor the person is accused of committing that makes the death a manslaughter.
To convict a person of misdemeanor manslaughter the state must prove; First- the death of a human; Second- occuring as a direct result of an act or event which happened in the commission of a misdemeanor; third-caused by the defendant while in commission of the misdemeanor and fourth-the elements of the underlying misdemeanor.
A person can also be charged for “DUI Manslaughter” if they were under the influence of marijuana or some other drug, even a prescription drug that effects their ability to drive.
Defending a “DUI Manslaughter” at trial
With a “DUI Manslaughter” case in Oklahoma the prosecution is not required to prove the defendant intended to take a human life, the prosecution does not even have to prove that the death occurred because the accused was reckless. The prosecution only has to prove that the death was caused by the accused during the commission of the offense.
Generally speaking there are three ways to defend a “DUI Manslaughter” at trial,
- a causation defense-arguing that the accused was not the cause of the accident or death
- challenging the “Under the Influence” element of the DUI
- trying the case for punishmnet, which means trying the case to a jury in an attempt to receive a better punishment from the jury than would be received by a judge or with a plea deal with the state.
Mitigating Punishment in “DUI Manslaughter” Cases
Most DUI manslaughter cases are not tried to a jury. Most defendants facing DUI manslaughter charges choose a strategy of mitigation, either to the prosecutor in an attempt to work out an agreed plea agreement or to the judge through a blind plea.
Punishmnet Range for “DUI Manslaughter”
Punishment Range for First (1st) Degree Manslaughter in Oklahoma (No Priors)
First Degree Manslaughter is an eighty-five precent crime (85%)
Not less than 4 years and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 715)
Punishment Range for First (1st) Degree Manslaughter in Oklahoma with Priors
First Degree Manslaughter is an eighty-five precent crime (85%)
With One Prior
10 years to Life and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 51.1 A1)
With Two or More Priors
20 years to Life and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 51.1 B)