How Much Jail Time For Drunk Driving And Killing Someone?

How Much Jail Time Will I Get For Drunk Driving and Killing Someone? 

If you were to drive drunk and kill someone, the first question that will pop into your mind is “How much jail time will I get?” The penalty for vehicular manslaughter can be serious, but the amount of jail time you can receive depends on the amount of alcohol you had in your system when you killed the victim. In New York, for example, vehicular manslaughter is a 2nd-degree offense if your blood alcohol concentration is 0.18 or less. If your BAC is higher, the penalty is vehicular manslaughter in the first degree. In some jurisdictions, the difference between these two charges can double the potential jail time you can face. 

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Penalties for vehicular manslaughter 

Vehicular manslaughter is a serious criminal offense when you’re drunk and cause someone else’s death on the highway. This crime applies to drivers who cause an accident while under the influence of alcohol or prescribed drugs. It is important to follow drug-related warnings on medicine containers and to be aware of your own previous experiences with the drug. If you have a history of alcohol or drug abuse, you should not drive while intoxicated. 

Generally, vehicular manslaughter charges require a higher level of egregious driving than simple negligence. This can be demonstrated by reckless disregard for others’ lives or a high blood alcohol level. Other factors that can lead to vehicular manslaughter include driving at excessive speeds or driving on the wrong side of the road. 

The intent is not a big factor in DUI manslaughter 

A DUI manslaughter charge can be brought against a driver even if he had no intent to harm the person. The prosecution must prove that the driver was drunk or intoxicated at the time of the fatal traffic accident. In addition, the driver must have had a prior intention to drive while intoxicated, even if he did not consume alcohol before leaving home. 

A DUI manslaughter charge is a much harsher penalty than a DUI murder charge. While drunk drivers are extremely dangerous, they can injure themselves and other people. They may even kill someone. In most cases, they are not charged with murder, because they did not have the intent to kill someone. However, a DUI manslaughter charge can be very serious because it seeks to make the driver responsible for the accident. 

License suspension 

A person who is found guilty of driving under the influence and killing someone faces a serious jail sentence. The sentence for vehicular manslaughter can range from ten years to 60 years depending on the circumstances of the accident. Depending on the BAC level and driving habits of the motorist, the judge may impose a manslaughter sentence in conjunction with years of probation or substance abuse treatment. 

A DUI conviction can include manslaughter charges if the driver was deemed to have been reckless or careless while driving. In some states, such as California, the conviction may fall under the category of vehicular manslaughter or “ordinary negligence.” A DUI conviction can affect a person’s ability to get insurance and may lead to a higher car insurance rate. For this reason, a driver must hire an experienced DUI defense lawyer. 


In most cases, a drunk driver is responsible for paying restitution to the victims of his or her crime. The restitution awarded depends on the nature of the damage and the victim’s needs. In Florida, for example, the dram shop act requires the alleged perpetrator to contribute to the victim’s damages. 

In the case of drunk driving and killing someone case, restitution may be awarded in several different ways. In some states, the offender may be ordered to pay restitution to a victim’s family, victim compensation programs, or government agencies. In other cases, restitution can be awarded to insurance companies or creditors. 

How Much Jail Time For Drunk Driving And Killing Someone? | Montag Law