DWI Manslaughter Lawyer Kansas City, MO

Missouri Revised Statutes That Cover DWI Manslaughter

To understand DWI manslaughter charges in Missouri, you must first understand the state’s DWI statutes. Missouri can charge impaired drivers with DWI under two circumstances.

First, a driver commits DWI when they operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. This offense, called operating with excessive BAC, can happen regardless of whether the driver’s abilities are diminished. Prosecutors prove a violation of this statute with chemical testing results.

An excessive BAC violation is punished based solely on the driver’s DWI history. More prior convictions will result in harsher punishment.

Second, a driver commits DWI by operating a vehicle while in an intoxicated condition. This means that drugs or alcohol have impaired their mental or physical abilities.

This statute is broader in a few respects. It covers impairment even if the driver’s BAC is below the legal limit. The law recognizes that a driver may still be dangerous on the road after one or two drinks.

Additionally, this statute applies to controlled substances, including illegal drugs and prescription medications. As such, you could face this charge if your driving abilities are impaired by a lawfully prescribed and used medication.

Importantly, the penalties for an intoxicated driving DWI are partially based on the outcome of any collision. Prosecutors have the following three options for charging a driver after a fatal DWI accident.

DWI Resulting in Death

You may be charged with a Class B felony under Missouri’s DWI statute for causing a fatal accident while intoxicated. To prove this offense, prosecutors must have evidence of the following:

• You were operating a motor vehicle
• You were under the influence of drugs or alcohol
• You acted with criminal negligence to cause an accident
• The accident resulted in another person’s death

This charge can be elevated to a Class A felony if you’ve previously been convicted for causing a fatal DWI accident or if a court has previously deemed you a habitual DWI offender. Under state law, a habitual DWI offender has any of the following:

• Five or more DWIs committed on different occasions
• Four or more DWIs, including at least one that injured or killed another person
• Three or more DWIs, including at least two that injured or killed another person

When counting prior convictions, Missouri includes cases adjudicated under other states’ laws, federal laws, and the Code of Military Justice.

First-Degree Involuntary Manslaughter

Another charging option after a fatal DWI accident is first-degree involuntary manslaughter. This offense is a Class C felony, but it can be elevated to a Class B felony if prosecutors allege that you intentionally targeted a police officer or their family. However, these facts rarely arise in traffic accident cases.

To prove first-degree involuntary manslaughter, prosecutors must have evidence that you acted recklessly in causing the crash.

“Recklessly” means you consciously disregarded a substantial and unjustifiable risk and, as a result, your actions grossly deviated from the reasonable level of caution. Based on this definition, street racing while intoxicated might rise to the level of recklessness.

As a Class C felony, first-degree involuntary manslaughter sits at a lower offense level than DWI resulting in death. Although it sounds worse, a plea deal in which you accept responsibility for first-degree involuntary manslaughter might result in a lighter sentence than a conviction for a fatal DWI.

Second-Degree Involuntary Manslaughter

Second-degree involuntary manslaughter is another charging option after fatal DWI accidents. This offense is a Class E felony unless the accused intentionally targeted a police officer or their family.

Second-degree involuntary manslaughter requires proof of criminal negligence. However, prosecutors could meet this requirement simply by showing that you got behind the wheel while drunk or high.

This offense is significantly less serious than DWI causing death. As such, your criminal defense attorney might pursue a plea deal in which you plead guilty to second-degree involuntary manslaughter in exchange for a dismissal of the DWI charges.

Defenses Against DWI Manslaughter Charges in Kansas City, MO

The criminal defense strategies available to you after a fatal DWI accident may include the following.

You Weren’t Intoxicated

Most fatal DWI cases arise when the officers investigating an accident suspect a driver of being intoxicated. They might observe something in your physical or mental condition consistent with drug or alcohol use, such as slurred speech, confusion, or uncoordinated movement.

However, these behaviors can also result from many causes other than intoxication. For example, you might have suffered a concussion or another injury in the accident that affected your memory or balance. Alternatively, you might have a speech impediment or other medical condition that the police officer mistook for signs of intoxication.

Your lawyer can also find ways to challenge chemical test results. For instance, the equipment might have been miscalibrated, or the officer might have misused it. Even recent use of mouthwash or perfume can be enough to contaminate a sample.

You Weren’t Criminally Negligent

Prosecutors have the burden of proving criminal negligence. Your lawyer can argue that you weren’t negligent with evidence showing that someone else caused the accident. You might still face punishment for driving while intoxicated, but you can’t be held responsible for a fatality in an accident that someone else caused.

Suppose that you were driving home after having a few drinks when you hit a jaywalking pedestrian who darted in front of your car. Your lawyer could gather evidence and expert testimony showing that you didn’t have time to stop and, therefore, that any possible impairment was unrelated to the crash’s cause.

You Weren’t Driving

You may have an alibi for the offense if you weren’t driving when it occurred. You might have been misidentified as the driver in the aftermath of a fatal traffic accident. If so, you can present evidence (such as witness testimony) that you were, in fact, a passenger rather than the driver.

Potential Penalties for a DWI Manslaughter Conviction in Kansas City, MO

The penalties you might face if convicted of a fatal DWI crash depend on the specific charge. The possible charges carry the following sentences:

Offense	Possible Sentence
DWI causing death, repeat offense	Up to life imprisonment
DWI causing death	Five to 15 years imprisonment
First-degree involuntary manslaughter	Three to 10 years imprisonment
Second-degree involuntary manslaughter	Up to four years imprisonment