THE LAW OFFICE OF DENISE KIRBY        KANSAS CITY'S AWARD-WINNING DWI DEFENSE        816-221-3691

THE LAW OFFICE OF DENISE KIRBY
KANSAS CITY'S AWARD-WINNING DWI DEFENSE
816-221-3691

NOT AN ORDINARY CITY.
NOT AN ORDINARY ATTORNEY.

Experienced DUI Manslaughter Attorney

Don’t let a DUI manslaughter charge ruin your future - contact our offices today!

Although you may have driven home safely from the bar many times before while under the influence of alcohol, just one accident can change everything. If you hit and kill someone while driving drunk, you can receive a DUI manslaughter charge or even one for DUI murder. DUI lawyers can help you fight your case to prevent these charges from wreaking havoc elsewhere in your life.

At the Law Offices of Denise Kirby, we are open to defending those facing DUI manslaughter charges. With an excellent success rate of around 90% with DUI cases, DUI attorney Denise Kirby has the dedication and drive to represent you effectively in court. When a DUI manslaughter case threatens to destroy your career or personal life, we can aid you.

DUI Manslaughter: Understanding Negligence

There is always a level of negligence in DUI manslaughter cases. The severity of the driver’s penalties depends on the type of manslaughter in the case. There are two types of DUI manslaughter:

  • DUI manslaughter - ordinary negligence
  • DUI manslaughter - gross negligence

DUI Manslaughter: Ordinary Negligence

In the case of ordinary negligence, or second-degree DUI manslaughter, the driver fails to be aware that what they are or are not doing is putting others at risk while driving. This includes inattention and distraction while driving, which involuntarily can lead to an accident resulting in the death of a victim. In this situation, the driver is usually not driving at the level of recklessness found with gross negligence. The driver may still have some level of control over their vehicle, resulting in only ordinary negligence when manslaughter occurs.

DUI Manslaughter: Gross Negligence

Gross negligence, or first-degree DUI manslaughter, occurs when the driver is aware that what they are doing is criminally negligent but does not care about the risk they pose to themselves or others. If a driver kills a pedestrian while acting with extreme recklessness and knowingly does or does not do something that results in a person’s death, this is first-degree manslaughter. Committing vehicular manslaughter while intoxicated is a serious offense that requires a skilled attorney to negotiate your case. Whether you have committed DUI manslaughter with ordinary or gross negligence, the Law Offices of Denise Kirby can assist you. We understand the accidental nature of manslaughter and can aid you in negotiating charges to avoid the potentially life-changing adverse effects of committing such offenses.

Penalties for DUI Manslaughter

In Missouri, the penalties for DUI manslaughter charges vary depending on the type of manslaughter and the other conditions of your driving incident. As DUI manslaughter is a felony, total penalties can result in up to 15 years in prison depending on your BAC level and other factors.

The following are penalties for DUI manslaughter:

  • First-degree DUI manslaughter: Drivers can be in jail for three to 15 years and have up to $10,000 in fines.
  • Second-degree DUI manslaughter: Perpetrators may receive up to four years in prison and no more than $10,000 in fines.

As with most drunk driving cases, the DMV may also suspend or revoke your license for a time. At the Law Offices of Denise Kirby, we will fight hard to help prevent your license revocation.

Second-Degree DUI Manslaughter

Second-degree DUI manslaughter falls under a Class E or Class D felony. It carries a lighter punishment for the offense as the driver is typically unaware of the dangerous actions that lead to this crime.

First-Degree DUI Manslaughter

DUI manslaughter with severe criminal negligence that results in an accidental death may be a Class C or Class B felony, depending on your history of past offenses and current conditions.

First-degree DUI manslaughter may be a Class A felony in cases where you have previously caused the death of multiple victims while drunk, including those who aren’t passengers, or if you test for a BAC of .18% or higher. Those who commit Class A felonies may face imprisonment for 10-30 years or even life.

When you are accused of a DUI manslaughter charge, protecting your future is vital. You don’t have to put your life on hold when an accident occurs. Instead, the services of the Law Offices of Denise Kirby can be of assistance in protecting you against these types of accidents when you are the driver.

We are skilled in dealing with DUI manslaughter cases. Contact the Law Offices of Denise Kirby at 816-578-8177.

Frequently Asked Questions

A DUI manslaughter charge in Kansas City is more severe than a regular DUI, as it involves causing a death while driving under the influence. The penalties for DUI manslaughter are much harsher, including significant prison time and hefty fines. DUI manslaughter is categorized into ordinary negligence and gross negligence, with the latter carrying more severe penalties. In Missouri, penalties can range from up to four years in prison for second-degree manslaughter to 10-30 years or life for first-degree manslaughter under extreme circumstances.
If you are charged with DUI manslaughter in Missouri, you should immediately contact an experienced DUI manslaughter attorney. They can help you understand the charges, potential penalties, and your legal options. It's crucial to avoid making any statements to law enforcement without legal counsel. Collect any evidence and witness information related to the incident. Your attorney will work to develop a defense strategy to mitigate the charges and protect your rights.
Yes, a DUI manslaughter charge in Kansas City can potentially be reduced depending on the circumstances of the case. Factors such as the level of negligence, the presence of any prior offenses, and the quality of legal defense can influence the possibility of charge reduction. An experienced attorney can negotiate with prosecutors to seek lesser charges or penalties, such as reducing a manslaughter charge to a lesser DUI-related offense.
In Missouri, gross negligence significantly impacts a DUI manslaughter case by escalating the severity of the charges and potential penalties. Gross negligence indicates a blatant disregard for the safety of others, which can lead to more severe sentencing compared to ordinary negligence. Convictions can result in longer prison terms, larger fines, and harsher legal repercussions. The distinction between gross and ordinary negligence can influence the defense strategy and the outcomes of the case. At The Law Office of Denise Kirby, we specialize in DUI manslaughter defense and can help navigate the legal process to protect your rights and aim for the best possible outcome. Reach out to us for assistance.

Additional Information in Kansas, Missouri

Mothers Against Drunk Driving (MADD) - Creating a Future of No More Victims in Missouri: Preventing drunk and drugged driving, supporting victims, and advocating for stricter laws. It offers resources such as victim assistance, emotional support, education, and crime victim compensation. For a DUI manslaughter defense case, it can provide valuable insights into the impact of impaired driving, which can be useful for understanding the broader context and preparing a defense. Additionally, the site connects you with local victim impact panels and legal resources.
Forbes Advisor - DUI Resulting In Death: Charges, Penalties & More: Explains the legal ramifications, potential defenses, and penalties associated with such charges. It provides an overview of how DUI manslaughter is handled in different states, the legal process involved, and possible consequences like prison time and fines. For a defense case in Missouri, this resource can offer valuable insights into legal strategies, potential plea deals, and comparison of state laws to better understand the specifics of Missouri's legal environment regarding DUI manslaughter.
National Highway Traffic Safety Administration - Drunk Driving: Detailed information about the dangers, statistics, and consequences of drunk driving. It includes facts on how alcohol impairs driving ability, BAC levels, and their effects, and the legal penalties for drunk driving. It also offers resources for prevention and responsible driving. This site can help with a DUI manslaughter defense case in Missouri by providing crucial data and insights into alcohol impairment, legal standards, and enforcement practices, which can be used to build a more informed defense strategy.
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