Question

Stan is drinking with friends and gets highly intoxicated. He has a Blood Alcohol Content (B.A.C.) of 2.3. He drives drunk, is driving very recklessly and hits a woman who is driving a mini-van. She has 4 children in the car. All 5 people in the car are killed. Stan survives.

a. With what homicide statutes should Stan be charged?

b. Can he successfully raise the defense of intoxication? Why?

c. Under what circumstances could Stan, or any defendant, raise a successful defense of intoxication when charged with a DWI homicide of any degree?

Answer 1

A)The penalties for killing someone while driving drunk are quite severe. Typically, a motorist who's convicted of a DUI-related (or BUI-related (boating under the influence)) killing is looking at felony charges that carry jail or prison time, fines, and license suspension or revocation.

B)no,she cannot raise the defense of intoxication because in his blood alcohol contebt is more that is 2.3 and alcohol in blood is illegal when you are driving.

c)Stan or any defendant ,raise a successful defense of intoxication when charged with a DWI homicide of any degree is below "0.8% or 0.5%