July 17, 2018By Brian Manchester
Vehicular Homicide While DUI; A Second Degree Felony
Have you or someone you know been charged with Homicide by Vehicle While Driving Under the Influence? This charge is also well-known as “Vehicular Homicide While DUI” or “Vehicular Manslaughter While DUI,” and has serious consequences of up to ten years in prison along with a $25,000 fine for each death caused.
Homicide by Vehicle While DUI is a second degree felony, and the fact that the death was an accident does not mean that the driver is innocent of the charge. The specific charge is codified into law as the following:
- 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.–Any person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the violation of section 3802.
It Is Crucial To Hire An Attorney, Especially Prior To Speaking With Police
Given the severity of this charge, it is crucial to hire a defense attorney as soon as possible, and ideally prior to speaking with the police. When someone dies in a traffic accident, police officers immediately arrive on the scene and will attempt to question you as part of their homicide investigation.
You should be polite, but refrain from talking to the police until you have retained a criminal defense attorney to be present with you during all police communications.
How Brian Manchester Is Trained For Success
Brian Manchester has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys.
As you can see, Homicide by Vehicle While Driving Under the Influence is a very serious offense, and it is important to know your options if charged with this crime. Do not assume you will be convicted, as our attorneys will discuss with you ways in which we can create a reasonable doubt about your guilt should the case go to trial.
Alternatively, we can carefully negotiate a plea deal that would reduce your charges in exchange for a guilty plea. Whichever route turns out to be best for you, Manchester & Associates has experienced criminal defense attorneys that will fight for you and your rights. For a free consultation, we can be contacted at 1-800-243-4878.