These are challenging crimes to defend mostly because of the amount of emotions involved. Oftentimes those involved with these offenses are once again meeting the criminal justice system for the first time. The difference between a first time DWI and an Intoxication Manslaughter charge is unfortunately due to bad luck…someone being in the roadway at the precise time an individual is driving drunk or impaired. A family has instantly lost a loved one on one side of the equation. On the other side, someone who was living a relatively normal life is now facing 2-10 years or 2-20 years in prison depending upon the charge and is living with the fact that the client killed someone, which will often haunt the client for life. What people many times do not realize is that for our clients in these situations, the mere facts the client killed someone is more than enough punishment to make the client never be in that situation again.
The investigations in these cases are generally much more elaborate. There may be a vehicular homicide team that comes to the scene and conducts various measurements. Speed calculations may be determined as well as the police obtaining a search warrant for the Event Data Recorder on your vehicle to determine pre-crash data (we hear this referred to in plane crashes as the “Black box”). We will often need an accident reconstruction expert to analyze the scene and take any additional measurements necessary. We may also have to gather data from the city where the accident occurred to see if this happens to be a dangerous area that the city new about and should have placed warning signs or street lights or traffic lights (this is generally necessary when the State charges the case as Intoxication Manslaughter but also adds a charge of Manslaughter alleging reckless ness in the event the client is not intoxicated). We will look to see how the blood draw was done. Was it a “legal” blood draw or a “medical” blood draw? Are there allegations of drug use as well as alcohol? These are some of the many questions we will have while building a defense.
The thing you will know most about the firm is that we will be with you through every step of the process and if you have any questions, all you need do is ask and we will do everything possible to provide you with an answer. These cases may drag out over a year due to their complexity. We like clients to know this from the start so you know that this often is not something that will be resolved quickly. This will take a lot of work and a lot of patience.
Contact our criminal defense team today by calling (512) 647-2598 or requesting a free consultation online now.