Causing a fatal DUI accident in Minnesota usually results in a criminal vehicular homicide charge. A conviction of this charge carries serious criminal penalties, such as jail time and fines. The convicted offender may be prohibited from driving, either temporarily or permanently. The deceased’s family may also bring a civil suit against the offender.
Seeking legal support from an aggressive criminal defense attorney is necessary when charged with a criminal vehicular homicide. Your attorney will discuss your charges and possible consequences. The attorney will explain the legal rights entitled to you and the steps you should take to prevent your situation from worsening. The attorney will then carefully inspect all evidence obtained through an in-depth investigation and discovery process to develop a robust defense strategy.
Skilled attorneys at Keller Criminal Defense Attorneys in Minneapolis, MN, are ready to see you through the criminal justice process and help you obtain a favorable outcome. Don’t hesitate to call us at (952) 913-1421 if you have been charged for a fatal DUI accident.
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What Are the Legal Consequences of a Fatal DUI Accident?
You will face a vehicular homicide charge if you are accused of causing a fatal DUI accident. Criminal penalties for a conviction of this charge are up to a 10-year jail time, or a fine of $20,000, or both.
The jail time may increase to 15 years if you have a prior conviction of an eligible driving offense. Eligible previous driving offenses include 1st and 2nd-degree DUI, alcohol or drug-related criminal vehicular injury, and alcohol- or drug-related criminal vehicular homicide.
Besides the criminal penalties, you may be sued in a civil court by the alleged victim’s family. You may suffer serious financial consequences if the civil court determines you are legally responsible for the fatal DUI accident. These consequences include covering the alleged victim’s medical expenses and other costs incurred before death, as well as compensating the family for the wrongful death.
Your driver’s license may get suspended or revoked following a criminal vehicular homicide conviction. How long the suspension or revocation may last will depend on the details of your case and previous DUI convictions. Generally, a conviction of alcohol- or drug-related criminal vehicular homicide can result in license revocation of anywhere from 6 to 10 years.
Other consequences you may face include:
- Loss of Job and Trouble Finding Another Job: Your employer can terminate your employment if you get convicted of DUI-related vehicular homicide. Trucking companies and other entities involved in the transportation business have policies that allow them to fire employees arrested for driving under the influence of alcohol or other intoxicating substances.
Getting a job even after serving your sentence can be hard, especially if you have a driving-related career. The reason is that your DUI conviction will appear on background checks conducted by potential employers. A suspended or revoked license may also prevent you from working, even if someone is willing to offer you a job.
- Vehicle Loss: The court can seize your vehicle and sell it after convicting you of a criminal vehicular homicide.
- Sudden Increase in Your Auto Insurance Rates or Policy Cancelation: Your auto insurance company may increase your insurance premiums if you are charged for a fatal DUI accident. The company may cancel your policy if your charges result in a conviction. This is because the company categorizes you as a high-risk driver.
- Reputation Damage and Stigma: A conviction of a DUI-related criminal vehicular homicide may cause you to lose your standing in society. The stigma that conviction of this offense carries can strain your relationship with your family members and friends. It can also take a huge toll on your mental health and overall well-being.
The most effective way to avoid or at least reduce the severity of these legal and social consequences is to work closely with a DUI conviction attorney. An experienced defense attorney has deep knowledge of all DUI laws in Minnesota and can determine the best legal defense for your case.
What Are the Legal Defenses Against a Fatal DUI Accident Charge in Minnesota?
Raising a strong defense can improve your chances of a better outcome when charged with criminal vehicular homicide in Minnesota. Criminal defense attorneys usually use different legal defenses to fight these charges. Common legal defenses against these charges include:
Challenging the Reliability of Blood Alcohol Concentration (BAC) Tests
BAC tests are prone to errors or inaccuracies because of factors like incorrect administration, faulty equipment, calibration problems, and health issues impacting a person’s metabolism. So, questioning the reliability of these tests can be an effective defense if you are accused of causing a fatal DUI accident.
Your attorney can carefully examine the steps that the test administrator took when subjecting you to these tests to identify an error. The attorney can have the testing equipment examined by a professional to determine if it is functioning properly and well-calibrated. Your attorney can use information from these examinations to challenge the test’s reliability and significantly weaken the prosecution’s case.
Constitutional Rights Violation
Pointing out procedural blunders or constitutional rights violations can be a great defense strategy in a vehicular homicide case. This defense may involve showing the police officer did not have probable cause to pull you over for a DUI. It may also involve proving the officer violated your rights by not telling you about your rights before subjecting you to field sobriety tests. Performing blood tests without a valid warrant also qualifies as a violation of your constitutional rights.
Your criminal defense attorney will conduct a full investigation to identify incidents where law enforcement officers have violated your rights and assemble irrefutable evidence. The attorney will then bring a motion to suppress evidence and support the motion with evidence-backed arguments. If the court grants this motion, the prosecution may have a weak case against you. This may force the prosecutor to drop the charges or propose a favorable plea deal.
Providing Convincing Alternative Explanations for the Accident and Resulting Fatality
This defense involves showing that there is no direct causal link between your alleged impairment and the accident that claimed the alleged victim’s life. Other factors outside your alleged intoxication may have caused the accident, or at least contributed to it. Your attorney can investigate the accident and determine alternative explanations to disprove the prosecutor’s claim of direct causation.
Proving Correct Use of a Prescribed Drug
Minnesota laws allow you to raise the correct use of prescribed medication as a defense when faced with criminal vehicular homicide charges. This defense requires you to prove that you had a valid prescription for the controlled substance found in your system. It also requires you to show that you used the drug according to the doctor’s instructions.
Unreliable Eyewitness Testimony
You can fight a vehicle homicide case by challenging the reliability of the eyewitness testimony. Your lawyer can expose inconsistencies in the eyewitness testimony during cross-examination. The lawyer can also show that the prosecution’s witness has limited information about the events leading to the accident. The lawyer can then try to convince the court that there is inadequate proof to convict you of vehicular homicide if the entire prosecution’s case is based on eyewitness testimony.
Steps to Take When You Are Facing Charges for a Fatal DUI Accident in Minnesota
Up to 24,324 DUI arrests happened in Minnesota in 2021. This figure represents 67 DUI arrests per day. You should be aware of the steps to take after getting arrested and charged for a fatal DUI accident.
The things you say or do at the start of the criminal justice process can affect the outcome of your case. Sharing details of your case with someone who is not your lawyer, for instance, could give the prosecution team the information it needs to prove your guilt beyond a reasonable doubt.
Stay Calm
Facing criminal charges for a fatal DUI accident can be stressful. You must, however, try your best to bring these emotions under control to avoid doing or saying things that may further worsen your situation.
Remain calm and keep in mind that a charge is not synonymous with conviction. Criminal cases have a higher burden of proof than other cases. This burden is on the prosecutor. The prosecution must demonstrate beyond a reasonable doubt that you caused the fatal DUI accident. You will get a chance to present your side of the story.
You have the right to enlist the services of a private counsel or get represented by a court-appointed counsel if you cannot afford private representation. You also have a right to a fair and speedy trial.
Collect Evidence to Back Your Defense Strategy
Supporting your defense strategy with irrefutable evidence is an effective way to fight criminal vehicular homicide charges. Some forms of evidence to collect include pictures from the accident scene, footage from a nearby security camera, and witness statements.
These pieces of evidence will lay the foundation for your criminal defense strategy. They will also give your lawyer an advantage over the prosecutors, as the lawyer will not start building your case from scratch.
Do Not Discuss Your Case With Anyone Else, Except Your Lawyer
Avoid discussing your case with others, including your loved ones and friends. The prosecution may question them under oath and force them to admit what they know about your case. The prosecution team may also compel these people to turn against you through threats and intimidation.
Do not discuss your case with the police, as well. The police officers may make you feel that you must answer their questions. They may even promise to help if you come clean regarding certain aspects of the fatal DUI accident. They may, for instance, ask you to admit that you were drunk driving.
Regardless of what the officers tell you, no law requires you to speak with law enforcement in the absence of a lawyer. In fact, you have a right to remain silent and get the legal support and representation of a lawyer.
Hire a Criminal Defense Attorney
A criminal defense attorney is your go-to person when you are facing charges for a fatal DUI accident. The attorney will go over the facts of your case with you and give you the information you require to make wise decisions on moving forward with your case.
On top of the evidence you already have, your attorney will assemble more evidence to build a strong defense strategy. The attorney may have the accident scene recreated if he or she believes something other than your alleged intoxication may have caused the accident.
Your attorney will thoroughly analyze the evidence the prosecution has compiled against you. The attorney will then use any mistakes and loopholes in the prosecution’s case to sharpen your defense strategy further.
The prosecution may give you a plea deal to avoid a criminal trial. This deal may involve entering a guilty plea in exchange for a less severe charge. The prosecution may, for instance, require you to plead guilty to reckless driving instead of criminal vehicular homicide involving alcohol or controlled substances. Do not accept the plea deal without seeking advice from your attorney.
Before negotiating with the prosecution, your attorney will re-examine your defense strategy to determine if there is a chance of having the charges dismissed. If not, the attorney will push for the best plea deal possible.
Your DUI case will go to trial if the prosecution fails to offer a plea deal or if the deal offered is unfair. Your attorney will conduct thorough trial preparations, present your case during the trial, and ensure your constitutional rights are protected in the entire criminal defense process.
Keller Criminal Defense Attorneys provides aggressive and compassionate representation to people facing charges for a fatal DUI accident in Minnesota. Contact us to set up a free consultation to discuss your case.
