Law Office of Patrick E. O'Neill, PSC

What can happen if I am accused of DUI after a fatal crash?

A previous post talked about how a young man and one-time college student at a major Kentucky university is now facing serious charges in connection with a crash that left a four-year-old dead.

In part because he was under 21 at the time of the accident, he was accused of DUI and, more recently, was on the receiving end of a reckless homicide charge.

Kentucky authorities commonly prosecute alleged drunk drivers who are involved in fatal accidents under the state's general laws prohibiting homicide, or the taking of another human life.

It would be a rare day when a drunk driver would receive a murder charge after a fatal accident, but an alleged drunk driver could be on the receiving end of a reckless homicide charge, as was this young man. In other cases, a person can even face an accusation of manslaughter.

The important thing for Jackson residents to remember about reckless homicide is that a person need not have planned to kill anyone when he or she got behind the wheel. Indeed, the driver may have not even known that she was legally drunk. The mere fact that the driver saw that her behavior, drinking for instance, could cause a fatal accident but chose to drive anyway is enough to bring this felony charge.

A person convicted of reckless homicide will have a felony on his record and may be sent to prison for up to five years. Needless to say, it is a very serious charge. Particularly if involved in a serious accident, a person who is accused of drunk driving should consider speaking to experienced defense counsel.

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Law Office of Patrick E. O'Neill, PSC
1029 College Ave
Ste 101
Jackson, KY 41339

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