Braunfotel & Frendel LLC
Schedule Your Free Consultation
PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options

Drunk driving could result in vehicular manslaughter charges

Most of us are aware that driving a vehicle while intoxicated or under the influence of drugs is a crime in the state of New York and can result in drunk driving charges and a DUI conviction. However, if someone was killed in an alleged drunk driving accident, then you may be charged with intoxicated manslaughter and face even more serious consequences.

In New York, drivers may be charged with either first-degree or second-degree vehicular manslaughter. Second-degree vehicular manslaughter is a class D felony and charges can stem from any form of illegal driving, from driving while intoxicated to driving while texting.

Second-degree charges may be upped to first-degree vehicular manslaughter, a class C felony, depending on the status of the driver and the circumstances surrounding the incident. For example, drivers with a blood alcohol concentration of at least .18 percent or a license that was previously suspended for a DWI could face first-degree charges, as could a driver who refused a breath, blood, or urine test. Drivers who cause the deaths of multiple people or cause the death of a passenger in their vehicle that is 15 years of age or younger could also be charged with first-degree vehicular manslaughter.

Both first- and second-degree manslaughter charges are very serious and can result in jail time and fines. Generally, a first-degree conviction can result in up to 15 years in prison, plus fines. A second-degree conviction can result in up to seven years in prison, plus fines.

Vehicular manslaughter charges are serious and can affect the rest of your life. However, before a conviction can be obtained, the prosecution must prove guilt beyond a reasonable doubt. A qualified criminal defense attorney can help defend you against these charges by thoroughly analyzing the case and using strong legal arguments to poke holes in the prosecution's case.

No Comments

Leave a comment
Comment Information
Tell Us How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Our Office Location
  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
    New City Law Office Map

Office Map