{"id":286716,"date":"2016-07-26T14:43:57","date_gmt":"2016-07-26T19:43:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/dui-manslaughter-and-dui-murder.html"},"modified":"2025-07-21T09:47:33","modified_gmt":"2025-07-21T14:47:33","slug":"dui-manslaughter-and-dui-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/dui-manslaughter-and-dui-murder.html","title":{"rendered":"DUI Manslaughter vs. DUI Murder: What Are the Legal Differences?"},"content":{"rendered":"\n
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DUI Manslaughter vs. DUI Murder: What Are the Legal Differences?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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DUI manslaughter<\/span> is the unlawful killing of a person while driving under the <\/span>influence<\/span> of alcohol<\/span> or drugs without intent to kill. This charge typically involves either ordinary negligence (simple traffic violations while intoxicated) or gross negligence<\/span> (extremely reckless behavior). DUI murder requires prosecutors to prove the driver acted with “implied malice” or conscious disregard for human life<\/span>, making it much harder to prove but carrying more severe penalties<\/span>.<\/p>\n\n <\/div>\n\n\n\n

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<\/a> causes the death of another person. If that happens, you may face charges of DUI manslaughter or DUI murder.<\/p>\n

In this article, we’ll explain the differences between these two crimes. We will also discuss the penalties and defenses for these crimes.<\/p>\n

If you’re currently facing DUI manslaughter charges or murder charges, contact a local DUI attorney<\/a> 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.<\/p>\n

Definition of Murder vs. Manslaughter<\/h2>\n

In general, the difference between murder and manslaughter crimes<\/a> 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.\u00a0<\/p>\n

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.\u00a0<\/p>\n

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.\u00a0<\/p>\n

What Is DUI Manslaughter?<\/h2>\n

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.<\/p>\n

The reason it would be manslaughter rather than murder<\/a> 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.<\/p>\n

Manslaughter laws<\/a> 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:<\/p>\n