A friend was recently in a one car accident that resulted in the death of the passenger and has been charged with intoxication manslaughter with a vehicle. This is is 3rd DWI over a 12 yr span. What kind of sentencing would be typical in this type of case?
Intoxication Manslaughter is automatically a second degree felony carrying a sentence range of 2-20 years in the state pen and a fine not to exceed $10,000. If he has a prior felony conviction, this can be enhanced to a first degree felony (5-99 or life). If the prosecutors have alleged the vehicle as a 'deadly weapon' in the indictment, and if he gets a conviction, he would have to serve half of the sentence before becoming eligible for parole. This makes it a very serious situation for him. He, of course, needs to retain the very best lawyer who specializes in DWI defense, since this is a very technical offense. Before he automatically gives up, review this with a good lawyer and get all the discovery information, i.e. video, officer's reports, lab results, etc. Even sober folks have accidents. Good Luck!
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Please have your friend consult with and retain an experienced DUI defense attorney as quickly as possible. His exposure is considerable! I am sure you are trying to help him, but asking questions on a public Internet forum is not the sort of help he needs. His situation requires an experienced attorney who can devote all of his or her energy to defending your friend and limiting his exposure.
Your friend is facing serious consequences including a long prison sentence. You need to make sure an attorney is retained ASAP.
There is no typical sentencing, although an attorney that regularly practices in the county where the charges are pending could give you an idea.
The range of punishment for intoxication manslaughter is 2-20 years confinement in TDC, and a fine of up to $10,000.
Most defense attorneys agree that this type of case may be the most difficult, due to the technical nature of the blood analysis, crash dynamics, and the emotional fervor that surrounds drinking and driving.