Each year, Louisiana and other states across the nation see their fair share of drunk driving accidents. These are often tragic events, resulting in motorists facing serious consequences for getting behind the wheel intoxicated.
Despite the fact that the dangers are apparent, motorists still decide to drive after consuming alcohol. Because it is such a serious situation, law enforcement is constantly seeking to get these drivers off the road. While these efforts do help reduce drunk driving, they can also cause some motorists to face a DUI and other charges improperly.
In Louisiana, drivers could face a DUI for driving over the legal limit of 0.08 percent blood alcohol concentration. However, a driver could also be charged if their driving is impaired. This could happen if they are under the legal limit. Following a fatal accident, law enforcement may consider whether alcohol was a factor in the crash. If this is suspected, a motorist could be charged with vehicular homicide.
Vehicular homicide is defined as the killing of a human being and it being the direct or proximate cause of a person operating a motor vehicle with one or more contributing factors. These factors include operating under the influence of alcohol, having a BAC of 0.08 percent or more, being under the influence of a controlled substance, under the influence of a combination of alcohol or drugs that are not a controlled substance, under the influence of one or more drugs that are not a controlled substance or having a detectable amount of any controlled substance.
A person convicted of vehicular homicide could face serious penalties. This includes a fine up to $2,000 and imprisonment for five to 30 years. The severity of the crime is dependent on various factors involved, and could be aggravated or mitigated depending on these and the criminal history of the accused.
Those facing vehicular homicide or any other drunk driving offense should understand that they have criminal defense options. It is important to take the time to understand the situation so a defendant can take proper action. This could help one clear their name, ultimately reducing or dismissing the charges against them.