When a DUI becomes a murder charge, you need a defense built for the fight of your life.
In the most extreme and egregious circumstances, impaired driving resulting in a fatality can be prosecuted as Second Degree Murder. This supreme charge is levied when the operator's conduct shows a "depraved mind" and an extreme, reckless disregard for human life, or if the death occurs during the commission of another underlying felony offense. With the recent change in DUI laws making most DUI’s felonies, a majority of DUI related deaths would likewise carry the charge of Second Degree Murder rather than First Degree Manslaughter. Second Degree Murder is classified as a Class A1 felony. As one of the most severe classifications in the state, second only to capital murder, a Class A1 felony exposes the defendant to a baseline sentence of ten years to life in prison. The deployment of a murder charge for a vehicular homicide relies heavily on the legal theory that chronic, severe intoxication combined with abhorrent driving behavior perfectly satisfies the malice aforethought required for depraved-heart murder convictions.
Second Degree Murder resulting from a DUI carries 10 years to Life in the Department of Corrections. Like Manslaughter, it is an "85% Crime" in Oklahoma, requiring the defendant to serve at least 85% of their sentence before parole eligibility. A conviction results in a permanent felony record, loss of civil rights, and the stigma of a murder conviction.
These are complex cases that require a multi-layered defense. We challenge the validity of prior DUI convictions, contest the "depraved mind" element, investigate whether the defendant was actually the cause of death, and challenge all BAC and toxicology evidence. Expert witnesses in accident reconstruction, toxicology, and forensics are essential.
We defend dui murder cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
Aggravated DUI charges demand an aggressive defense.
A second DUI within 10 years is a felony. The stakes are much higher now.
A third DUI charge demands the most aggressive defense possible to protect your freedom.
A fourth DUI triggers maximum felony penalties. Do not face this without an experienced advocate.
Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.