OUI can lead to accidents and accidents can lead to people dying. There are many OUI horror stories in which a passenger, driver of another car or pedestrian is struck and killed by an OUI defendant. In OUI cases where a death is the result, the OUI defendant can also be charged with OUI vehicular manslaughter. (picture of medical helicopter taken by drewleavy)
We hear it on the news a lot. An OUI defendant was in the car with two of his friends. The OUI defendant had been drinking alcohol at a party and later decides to drive his friends. Later the OUI defendant loses control of the car and ends up hitting a tree. The passenger of the car ends up dying as a result of the OUI defendant’s driving. The OUI defendant also gets charged with OUI vehicular manslaughter. These OUI vehicular manslaughter incidents are especially heartbreaking for the parents of both the OUI vehicular manslaughter victims and OUI defendants.
An OUI defendant can also be charged with OUI vehicular manslaughter under M.G.L c 265 §13 when the OUI incident results in a death. The prosecutor needs to show that the OUI defendant’s conduct was reckless. The prosecutor will usually try to show that the OUI defendant acted recklessly did not intend for the vehicular manslaughter victim to die and the OUI defendant was under the influence of drugs and alcohol.
If convicted of OUI vehicular manslaughter, the OUI defendant could be sentenced to a maximum of 20 years in prison. At a minimum, the OUI defendant must serve at least 5 years in state prison if convicted of OUI vehicular manslaughter. In many OUI cases, the OUI defendant accidently kills his friend and then is sentenced to a long prison sentence. This is a huge price to pay for a reckless OUI night of drinking. Don’t make this mistake, if you have been drinking call for a ride if you need one. Don’t risk killing another person or sending yourself to prison.