DUI Manslaughter vs. DUI Murder: What Are the Legal Differences?

States take all instances of driving under the influence (DUI) very seriously. In cases where a person driving under the influence of drugs or alcohol causes an accident, the consequences are even more dire. The most serious cases are those where a DUI accident causes the death of another person. If that happens, you may face charges of DUI manslaughter or DUI murder.

In this article, we’ll explain the differences between these two crimes. We will also discuss the penalties and defenses for these crimes.

If you’re currently facing DUI manslaughter charges or murder charges, contact a local DUI attorney as soon as possible. It’s important to have a legal advocate on your side when facing any criminal charge, but especially in a murder or manslaughter case.

Definition of Murder vs. Manslaughter

In general, the difference between murder and manslaughter crimes is the defendant’s state of mind. Murder charges involve an intent to kill or extreme disregard for human life. Manslaughter charges still involve unlawful acts, but they don’t require proving malice or intent. 

In the context of drugged or drunk driving cases, a person’s mental state is already in question. Intoxication impacts the ability to make smart, safe decisions. Drivers know that impaired driving can be deadly. 

So if a driver drinks before getting behind the wheel and causes a fatal crash, does that mean they had intent or extreme recklessness? The answer depends on the facts of the case. A DUI that causes death could lead to either manslaughter or murder charges, depending on the evidence. 

What Is DUI Manslaughter?

DUI manslaughter charges are more common than DUI murder cases. Law enforcement officers will arrest an intoxicated driver for DUI manslaughter if the driver caused someone’s death while driving under the influence of alcohol or drugs.

The reason it would be manslaughter rather than murder is that the driver didn’t intend to kill the victim. It happened as a result of drunk driving. However, it does qualify as a homicide.

Manslaughter laws vary by state. Some states don’t have separate DUI murder statutes at all, while others have very specific provisions. Those who do typically recognize two types of DUI manslaughter:

• DUI manslaughter with ordinary or “simple” negligence
• DUI manslaughter with gross negligence (some states refer to this crime as either criminal negligence or culpable negligence)

In a DUI manslaughter case involving ordinary negligence, the defendant usually violates a traffic law, but the courts don’t consider their behavior extremely negligent.

For instance, a drunk driver may take their eyes off the road to glance at their cell phone, causing a fatality. This can also happen when a driver isn’t drunk. In that case, the state might bring a charge of vehicular manslaughter. In some states, a death caused by simple negligence is a misdemeanor, rather than a felony.

A charge of DUI manslaughter with gross negligence requires the driver to act with extreme recklessness. Some states call this “gross vehicular manslaughter while intoxicated.”

For example, a drunk driver who rides into a crowd of people acts with gross negligence and will face a more serious charge. Another example of extreme reckless driving is a motorist speeding the wrong way on a one-way street.

DUI Murder is a Much More Serious Crime

A DUI murder charge is a serious crime involving a motor vehicle. It is also one of the hardest crimes to prove beyond a reasonable doubt.

Elements of the Crime of DUI Murder

In most states, the prosecution must prove the following three things to convict a defendant of DUI murder (or a similar charge):

• The death resulted from an intentional act: The state doesn’t have to prove that the defendant intended to kill someone. It must only show that the defendant intended to drive their vehicle while under the influence of alcohol or drugs and, as a result, caused a fatal car crash.
• The consequences of their behavior were dangerous to human life: The defendant must have known (or should have known) that their actions had deadly consequences.
• The driver knowingly acted with conscious disregard for human life: This is probably the hardest element of the crime to prove. Even if the defendant’s BAC is five times over the legal limit, that does not mean they had no regard for other motorists. The prosecutor must prove that the driver acted so recklessly that they obviously did not care about the consequences.

This kind of homicide charge is sometimes known as a depraved heart killing. This type of murder carries the most severe penalties, including lengthy state prison sentences, significant fines, and license suspension or revocation.

California and the “Watson Rule”

As we mentioned above, it is very difficult for prosecutors to prove that a drunk driver intended to kill someone in a traffic accident. If a person causes a fatal crash while drunk driving, prosecutors are more likely to charge them with something like vehicular homicide. But there are some state laws and caselaw that bring more serious charges into play.

For example, the “Watson rule” in California states that a person can be charged with second-degree murder if they kill someone in a drunk driving accident.

The Watson rule comes from a 1981 court decision in People v. Watson. This case involved a driver in Redding, California, who was found guilty of DUI murder after driving 70 mph in a 35-mph zone, striking and killing two people in another car. The driver’s blood alcohol concentration (BAC) was 0.23%.

In a pretrial dispute over what charges were appropriate for the case, the California Supreme Court held that if the facts of a DUI case show “implied malice,” then prosecutors can bring charges for second-degree murder. This means the person acted with a “conscious disregard for human life.” They knew what they were doing was dangerous and put other people’s lives in danger, but did it anyway.

The court found that Watson’s actions could support a murder charge because he:

• Drank enough to become legally intoxicated, knowing he would have to drive
• Drove at very high speeds through city streets
• Nearly crashed after running a red light, but continued driving at high speed
• Showed actual awareness of the danger by trying to brake before the final crash

The Watson rule is specific to California. But other states operate under similar principles with different names.

Penalties for DUI Manslaughter vs. Penalties for DUI Murder

The penalties for DUI manslaughter are not as severe as they are for DUI murder. At the same time, when a drunk driver causes a fatal accident, they take an innocent human life. This is a homicide and carries the same penalties as other homicides.

The possible penalties for DUI manslaughter include, but are not limited to:

• Loss of your driver’s license
• Restitution payment to the victim(s) or their family
• A prison sentence of up to 15 years, depending on the facts of the case
• Fines

The exact prison sentence depends on the specific facts of the case. For example, someone who has a blood alcohol concentration (BAC) over .15 will likely receive a harsher penalty than someone with a BAC of .08. Having prior DUI convictions also often elevates charges and penalties significantly.

The penalties for DUI murder are typically more severe. The specific penalties for this crime vary from state to state. Generally, however, the penalties for DUI murder include, but are not limited to, the following:

• Lengthy prison sentences
• Fines of at least $10,000 (depending on the state)
• Restitution to the victim’s family
• Loss of driver’s license

Many states treat DUI murder the same as second-degree murder. Other states treat all DUI homicide cases as vehicular homicide, negligent homicide, or involuntary manslaughter. DUI murder cases are rare and typically only apply to cases where the defendant displayed a conscious disregard for human life.

It’s also important to note that criminal charges and penalties are separate from civil liability. Even if criminal charges are resolved through plea bargaining or at trial, a victim’s family may still file a wrongful death lawsuit seeking monetary damages. These civil cases have a lower burden of proof than criminal cases and can result in significant financial judgments against the defendant, regardless of the outcome of the criminal case.

Defenses to DUI Murder and DUI Manslaughter

The first thing a person should do after an arrest is contact a DUI defense attorney. Things move quickly after an arrest. Within days, the defendant will attend an arraignment, arrange for bail (if necessary), and tell the judge if they plead guilty or not guilty.

When you have legal representation, they can handle these things for you. You should retain a criminal defense lawyer who has previously dealt with DUI offense cases. This way, you know they can launch a strong defense on your behalf.

Some of the more common defenses to DUI manslaughter and murder include:

• Challenging the results of the breathalyzer test or other chemical test
• Violation of your constitutional rights, such as an unlawful arrest or illegal search and seizure
• Actual innocence
• Lack of sufficient evidence to prove negligence or recklessness
• Medical emergency
• Not responsible for the motor vehicle accident

While these defenses are technically available to someone facing DUI manslaughter or DUI murder charges, they are tough to prove. This is why many criminal defense lawyers try to negotiate a favorable plea bargain rather than go to trial.

Facing a DUI Manslaughter or DUI Murder Charge? Contact a Defense Lawyer

A DUI manslaughter or murder conviction can have devastating and long-lasting effects on your life. If you’re facing criminal charges after a fatal DUI accident, seek legal advice from a knowledgeable DUI lawyer in your area.

A criminal defense attorney with experience in DUI law can help with your defense, especially if you have prior DUI convictions. Their knowledge of local laws can make all the difference when the stakes are this high.