Charged with DWI or DUI manslaughter?

Intoxication Manslaughter is a second degree felony. In order to find a person guilty of Intoxication Manslaughter the State must prove that a person is guilty of driving a motor vehicle while intoxicated (DWI) and causes the death of another person as a result of that intoxication. The intoxication only has to be shown to be a cause of the death, not the only cause of the death.

The punishment range for Intoxication Manslaughter is anywhere from 2-20 years in prison and up to a $10,000 fine. A person's driver's license will be suspended from 180 days to 2 years. A person can get probation for Intoxication Manslaughter, but it is usually very difficult to get. A person getting probation for Intoxication Manslaughter will have to serve a minimum of 120 days in jail as a condition of probation up to a maximum of 180 days. 240 to 800 hours of community service will be required. Probation is almost never offered as a part of a plea bargain with the State. Typically a person must go to trial to get probation.

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