The Skilled DUI-DWI Defense Attorney and Felony DUI-DWI Conviction
A skilled DUI-DWI defense attorney can sometimes make the difference between a murder conviction and a jury verdict for a lesser-included offense. When a person's freedom is at stake in a felony case involving DUI-DWI and a death or a serious injury to another person in a related accident, getting the best available trial lawyer is critical.
Felony DUI-DWI and Additional Charges
Be aware that when another person has died in a collision that occurred due to intentional bad driving, or driving with "reckless disregard" for the safety of others on the highway, most states also permit the prosecutor to seek felony enhancement of punishment for these other "predicate" (underlying) misdemeanor driving offenses that are "causally connected" to accidents causing death.
Seriously Dangerous Driving Activities
The typical types of "serious" or "inherently dangerous" driving activity offenses in most states include "hit and run" (leaving the scene of an accident when another person has been injured), attempting to elude a pursuing police officer, aggressive driving (in some jurisdictions), racing (in some jurisdictions), passing a stopped school bus (with visible signals to stop) that is discharging or picking up passengers or possibly reckless driving.
DUI-DWI Charges and Alternative Counts
If you have committed a "serious" driving offenses (e.g., hit and run) and are also drunk at the time of the driving that led to the death, the prosecutor is allowed to charge the crime in alternative "counts" (separate paragraphs which set forth different alleged "causes" of the death of the person the defendant hit) within the indictment, information, accusation or other applicable charging papers. This means that the jury hearing the case against you will have more than one way (i.e., alternative ways) to consider the evidence and possibly find you "guilty" on one or more "counts".