DWI Resulting in Death Lawyer Kansas City, MO

Offenses in the Missouri Revised Statutes That Cover DWI Resulting in Death

The Missouri Revised Statutes contain one offense that specifically applies to fatal DWI accidents. However, there are two additional charges that prosecutors might bring. The three possible charges are as follows.

DWI

Someone drives while intoxicated when they operate a motor vehicle in an “intoxicated condition,” meaning under the influence of alcohol, drugs, or a combination thereof.

The law doesn’t define “under the influence.” However, the Missouri Supreme Court has defined it to mean that a substance has impaired the driver’s ability to operate a motor vehicle.

Common symptoms of impairment include:

• Slowed reactions
• Loss of balance and coordination
• Confusion
• Poor judgment
• Bloodshot eyes
• Slurred speech

Prosecutors often use police officer testimony to prove impairment. The investigating officer might testify about the defendant’s physical appearance, ability to answer questions, and performance on a field sobriety test.

Field sobriety tests use physical and cognitive tasks to indirectly measure a driver’s impairment level. Missouri law allows prosecutors to introduce video of the test during the driver’s trial, allowing the jury to observe the accused’s state.

Evidence of impairment can also come from non-police witnesses. For example, a witness might testify about seeing the defendant drink alcohol or use drugs shortly before the accident, or engage in erratic driving behavior.

Importantly, blood alcohol content (BAC) alone isn’t enough to prove intoxication.

For one thing, BAC can’t tell a police officer anything about a driver’s condition when they’ve allegedly used drugs. Additionally, unlike many states, a BAC over the legal limit isn’t a form of DWI in Missouri. Instead, it’s a separate offense known as “driving with excessive BAC.” This distinction can work both ways.

Someone with a high BAC may be able to prove that their driving ability wasn’t impaired and, therefore, that they didn’t commit DWI. For example, someone with high body mass, a fast metabolism, or a high alcohol tolerance might have an excessive BAC without committing a DWI.

On the other hand, a smaller person or someone with a low alcohol tolerance can commit a DWI even if their BAC was below the legal limit.

The punishment for driving with excessive BAC depends solely on the driver’s prior DWI record. Conversely, the punishment for DWI depends on both the driver’s history and the outcome of any crash. The most serious penalties for DWI apply to drivers whose impairment causes a traffic death.

First-Degree Involuntary Manslaughter

First-degree involuntary manslaughter occurs when someone causes another person’s death due to recklessness. Under state law, “recklessness” means that someone consciously disregarded a substantial and unjustifiable risk, which happens when someone knows the risks involved with a particular act but willfully ignores them.

Drunk driving is a prime example of recklessness in many cases.

Drivers generally know through driver education and training, advertisements, and experience that drunk driving poses a substantial and unjustifiable risk to others. When someone gets behind the wheel after drinking, they arguably must ignore everything they know about impaired driving.

Second-Degree Involuntary Manslaughter

Second-degree manslaughter is another possible charge when a drunk driver accidentally causes a fatal collision.

This offense arises when someone causes another person’s death due to criminal negligence. Criminal negligence occurs when someone fails to be aware of a substantial and unjustifiable risk, and their failure represents a gross departure from the level of care expected under the circumstances.

The difference between recklessness and negligence is the accused’s awareness of the risk their actions pose. “Recklessness” means the accused knew the risks but consciously disregarded them. “Negligence” means the accused didn’t know of the risks but should have.

Possible Defenses Against Charges of DWI Resulting in Death in Kansas City, MO

When you hire an attorney, they’ll tailor a defense strategy to your specific situation based on the facts of your case. That strategy may include the following defenses.

No Causation

Prosecutors must prove that you caused the accident due to criminal negligence. They can’t secure a conviction if the other driver caused the accident.

To illustrate, suppose that you were intoxicated, but the other driver ran a stop sign and hit your car. Even if they died, you wouldn’t be criminally responsible. You may have committed DWI or driving with excess BAC, but you would have a defense against causing the death.

Involuntary Intoxication

A lack of intent generally isn’t a viable defense for DWI because the statute doesn’t require intent. The omission of intent is deliberate because impairment can negate intent. Consequently, the statute only requires proof that the accused was intoxicated and operated a motor vehicle.

However, this rule has one exception based on the idea that it would be unfair to prosecute someone for a crime they had no part in committing.

Someone who became intoxicated involuntarily can argue that they had no knowledge that their driving skills would be impaired. This defense might apply if, unbeknownst to you, someone spiked your drink or gave you a cannabis gummy before you drove.

Alternate Explanation for Condition

Most prosecutions for DWI after fatal accidents arise from a police officer’s post-accident investigation. The officer might develop a suspicion that you were under the influence of drugs or alcohol based on your behavior at the crash scene. They might follow up on their suspicions by conducting a field sobriety test.

However, there are many possible explanations for an unusual physical or mental condition in the aftermath of a crash. The shock of an accident may cause confusion, memory loss, and poor concentration. Similarly, a brain injury, such as a concussion, might explain slurred speech, poor balance, and a general lack of coordination.

This defense is usually supported by witness testimony and medical records.

Alibi

Witnesses to a crash might be mistaken about your role in it. For example, you may have been a passenger in the vehicle while your sober friend acted as the designated driver.

If you were erroneously identified as the intoxicated driver, alibi evidence, such as witness statements, traffic camera footage, and forensic analysis, might help your lawyer explain your true role in the accident.

Penalties Upon Conviction for a DWI Resulting in Death in Kansas City

The punishment for a DWI that causes death depends on the specific charges. Prosecutors generally start with charges for a DWI resulting in a fatal accident. This offense is punishable as a Class B felony, which carries a sentence of five to 15 years in prison.

However, we may be able to negotiate for an alternative charge of first-degree involuntary manslaughter. This offense is a Class C felony carrying a possible prison term of three to 10 years.

Depending on the circumstances, we may be able to pursue a deal for a charge of second-degree involuntary manslaughter, a Class E felony. This offense carries a potential sentence of up to four years in prison.

Potential Charge	Possible Prison Sentence
DWI resulting in a fatal accident	Class B felony — 5 to 15 years
First-degree involuntary manslaughter	Class C felony — 3 to 10 years
Second-degree involuntary manslaughter	Class E felony — up to 4 years