Penalties When a DWUI Causes Death

Wyoming has one of the highest rates of drunk driving fatalities in the country. As a result, the state aggressively prosecutes anyone charged with DWUI who was involved in an accident that leads to someone else’s death.

A driver who kills someone while driving under the influence of drugs or alcohol faces felony charges for Aggravated Homicide by Vehicle. The crime is punishable by up to 20 years in prison, substantial fines, and mandatory revocation of their driver’s license for at least one year. Drivers convicted of Aggravated Homicide by Vehicle who were under the influence of drugs or alcohol are not eligible for an Ignition Interlock Device restricted license.

To defend yourself against charges of Aggravated Homicide by Vehicle, you need an experienced criminal defense team on your side. Led by founding attorney and former Campbell County prosecutor Christina L. Williams, Just Criminal Law has the skill, experience, and resources to help you successfully navigate criminal charges for Aggravated Homicide by Vehicle. We will carefully investigate the circumstances of your case, provide expert guidance and legal advice, and work to achieve an optimal resolution in your case.

To put our experience to work for you, contact the criminal defense team at Just Criminal Law today.

Wyoming’s Statute on Aggravated Homicide by Vehicle

Under Wyoming law, a person is guilty of Aggravated Homicide by Vehicle if they operate a vehicle while under the influence of drugs or alcohol and that violation is the proximate cause of the death of another person.

Aggravated Homicide by Vehicle is a felony punishable by up to 20 years in prison and mandatory driver’s license revocation for at least one year. Someone convicted of Aggravated Homicide by Vehicle is not eligible for an Ignition Interlock Restricted license.

Defenses Against Charges of Aggravated Homicide by Vehicle

Criminal charges for Aggravated Homicide by Vehicle are serious. A successful defense requires a sophisticated and multi-faceted approach. Common defenses address whether the driver violated Wyoming’s DWUI statute at the time of the accident, whether the defendant caused the accident that led to the victim’s death, and whether the accident was the proximate cause of the victim’s death.

Challenging the DWUI Charge

To convict a person of Aggravated Homicide by Vehicle, the prosecutor must prove the defendant was in violation of Wyoming’s DWUI statute at the time of the collision. A comprehensive DWUI defense will:

• Challenge the Accuracy of the Blood or Breath Test Results. A person can be convicted of DWUI if their Blood Alcohol Content (BAC) was greater than .08%. Most DWUI defenses challenge the accuracy of the blood or breath test results by questioning the calibration and accuracy of the testing equipment, whether the sample was stored properly, whether the officer was properly trained to administer the test, and whether the test was administered properly.
• Challenge the Officer’s Interpretation of Field Sobriety Tests. Many people are charged with DWUI on the basis of Field Sobriety Tests. These tests are notoriously subjective. Our defense team can challenge whether the tests were administered in accordance with national standards, the officer’s interpretation of the test results, the testing conditions, and present alternate reasons a driver may not have successfully completed the tests.
• Present Expert Witness Testimony as to Whether the Defendant Was Impaired. Our defense team can present expert testimony to challenge the officer’s interpretation of the blood or alcohol test results, a driver’s performance on the Field Sobriety Tests, and alternative causes of the driver’s alleged impairment.

Did the Defendant Cause the Accident?

This defense will explore the cause of the accident itself and seek to establish that the accident was the result of a cause other than the defendant’s conduct. Possible alternative causes of the accident include a sudden medical emergency, another motorist, the victim’s own negligence, or a mechanical failure of either driver’s vehicle. Our team often works with accident reconstruction experts to analyze and present testimony about the true cause of the accident.

Was the Accident the Proximate Cause of the Victim’s Death?

Our defense team will also explore the proximate cause of the victim’s death. We will carefully examine medical records and reports, witness statements, photos of the accident scene, and other evidence. In many cases, we will enlist assistance from expert medical witnesses to explain the possible causes of the victim’s death.

How Our Criminal Defense Team Can Help

Charges for Aggravated Homicide by Vehicle are serious, and the penalties are severe. Our defense team can carefully analyze your case, evaluate and present all viable defenses, challenge whether your rights were violated, and explore alternate causes of both the accident and the death of the victim.

While we are preparing your defense, we will also attempt to negotiate with the prosecutor to explore the possibility of a plea bargain to reduced charges or a less severe penalty.

Contact Just Criminal Law Today

At Just Criminal Law, we know that the stakes are high when a person is charged with Aggravated Homicide by Vehicle. Let us protect your rights, your future, and your one shot at justice.

Contact Just Criminal Law today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.