When intoxicated driving leads to a fatal accident, a DUI in Oklahoma can quickly turn into charges as serious as manslaughter or even second-degree murder.
At Jacqui Ford Law, we’ve defended Oklahomans charged with DUI and related homicide offenses. Our criminal defense attorneys, led by our seasoned advocate, Jacqui Ford, know the difference a strong defense can make when the stakes are this high.
Below, our team has put together a rundown of everything you need to know when a DUI becomes more than just a DUI.
Understanding DUIs in Oklahoma
Under 47 O.S. § 11-902 of Oklahoma law, it is unlawful to operate a motor vehicle while under the influence of alcohol, or under the influence of any other intoxicating substance that may impair your ability to drive.
You may be charged with a DUI if any of these three things are true:
- You’re over 21 and have a blood alcohol level (BAC) of .08 or more
- You’re under the influence of a Schedule I drug, narcotic, or both alcohol and a Schedule I drug or narcotic
- You’re under 21 and have any alcohol or drug in your system at all
The .08 limit applies to DUIs, but you can actually be charged with a DWI if your BAC is above .05. DWI stands for driving while impaired, and carries lighter penalties than a DUI.
A first DUI offense is a misdemeanor, punishable by up to one year in jail, fines up to $1,000, and a license suspension or restriction. Subsequent DUIs are treated as felonies with harsher penalties.
When a DUI Becomes More Than Just a DUI
A regular DUI or DWI charge usually results when you’re pulled over for intoxicated driving, or involved in a less serious accident. However, when someone is seriously injured or killed, the charges escalate.
Depending on the circumstances, below are four of the charges you might face in Oklahoma if DUI results to death of the victim or other party involved:
Negligent Homicide
Negligent homicide occurs when the defendant is driving in reckless disregard for the safety of others, and that reckless driving results in someone else’s death. A first-time negligent homicide offense, like a DUI, is a misdemeanor, which means it can only result in up to a year in jail and a $1,000 fine.
Second-Degree Manslaughter
Second-degree manslaughter occurs when an unlawful death is caused by the defendant’s culpable negligence. As a felony, second-degree manslaughter is a more serious charge than negligent homicide, and can result in 2-4 years in prison and a $1,000 fine.
First-Degree Manslaughter
A death that occurs during the commission of a misdemeanor, punishable by a minimum of four First-degree manslaughter occurs when a death is the direct result of the defendant committing a misdemeanor. It is much more serious than either of the previous two crimes, and is punishable by a minimum of four years in prison.
Second-Degree Murder
Second-degree murder occurs when the defendant unintentionally causes someone else’s death while acting with a “depraved mind” in “extreme disregard for human life.” In the case of a DUI, driving under the influence in a dangerous manner could be considered acting in extreme disregard for human life. This felony is punishable by a minimum of 10 years and up to life in prison.
Which charge applies will depend on the facts of your case, including your BAC, your driving behavior, and the severity of the accident. This is why consulting with a DUI lawyer early on is critical. An experienced attorney can assess the situation, protect your rights from the start, and begin building a defense that may reduce or even avoid the most serious charges.
What to Do If You’re Facing DUI-Related Homicide Charges
Being charged with DUI-related manslaughter or murder is overwhelming, but you do not have to go through it alone. The most important step is to speak with an experienced Oklahoma defense attorney immediately.
At Jacqui Ford Law, we’ve handled both DUI and homicide cases. We know how to evaluate the evidence, negotiate with prosecutors, and present your case to the court in the most favorable way possible. Our goal is to protect your rights, minimize the damage, and give you the chance to move forward.
Contact Our DUI Lawyers at Jacqui Ford Law Today
A DUI charge alone is serious enough, but when it involves the loss of life, the stakes couldn’t be higher. Your future, your freedom, and your ability to move forward depend on having the right defense.
At Jacqui Ford Law, we know how overwhelming this moment feels. That’s why we fight to protect your rights, explore every possible defense, and guide you through the legal system with honesty and compassion.
Contact us today at (405) 604-3200 to schedule a confidential consultation. The sooner you reach out, the sooner we can start building the defense you need.
FAQs
1. What’s the difference between a DUI and a DWI in Oklahoma?
A DUI involves a blood alcohol level (BAC) of .08 or higher or being under the influence of drugs. A DWI applies when your BAC is between .05 and .07. While both are serious, a DWI typically carries lighter penalties.
2. Can I be charged with murder for a DUI in Oklahoma?
Yes. If your DUI leads to someone’s death and your actions show extreme disregard for human life, you could be charged with second-degree murder, a felony punishable by 10 years to life in prison.
3. Is negligent homicide the same as DUI manslaughter?
Not exactly. Negligent homicide usually involves reckless driving that results in death and is often charged as a misdemeanor. DUI manslaughter, particularly first-degree, can be charged when someone dies as a result of you committing a misdemeanor while driving under the influence.
4. What penalties am I facing if someone dies in a DUI-related crash?
Depending on the facts, you could face negligent homicide, second-degree manslaughter, first-degree manslaughter, or second-degree murder. Penalties range from one year in jail to life in prison.
5. Can a DUI-related murder or manslaughter charge ever be reduced?
In some cases, yes. A skilled defense attorney may be able to negotiate a reduction in charges, such as reducing murder to manslaughter, especially if you show remorse, cooperation, or mitigating circumstances.
6. What should I do immediately after being charged with a DUI-related death?
Contact a criminal defense lawyer immediately. The earlier you get legal help, the better your chances of building a strong defense and protecting your rights.
