What can happen if I am arrested for a DUI and my passenger dies as a result of an accident?

By: Wallin & Klarich

If you are convicted of this crime you could be sentenced and is punishable by imprisonment in the state prison for up to 10 years.

Last week, in Orange County, a 23-year-old man was taken into custody after he lost control of his car, which resulted in the death of his female passenger. The passenger was identified as Kelly Pham, 21. Justin Drake, was arrested on suspicion of felony driving under the influence and subsequently charged with gross vehicular manslaughter while intoxicated a violation of Penal Code Section 191.5 (a).
Apparently, he lost control of the vehicle at a curve in the road, and then left the road way and hit a tree and concrete wall. Pham was critically injured during the collision and later died at the hospital.
If you or a loved one has been charged with or are fighting a charge of gross vehicular manslaughter then you need to contact an experienced criminal defense attorney.

To prove you are guilty of this crime, the People must prove that: 1. You drove a motor vehicle under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug; 2. While driving that vehicle under the influence, you also committed a misdemeanor or an infraction or otherwise lawful act that might cause death; 3. You also committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant’s grossly negligent conduct caused the death of another person.

If you or a loved one are being charged with gross vehicular manslaughter, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Posted In: DUI & Drunk Driving