What Happens When a Drunk Driver Kills Someone?Whether you go out for a night on the town with friends or you have a dinner function to attend, situations involving alcohol consumption are often a part of life. You’re not mentally calculating your blood alcohol content (BAC) with each sip thinking that your drive home could end in disaster. You may not even realize that your faculties are compromised before getting behind the wheel. Then you hit someone.

Or perhaps you were never behind the wheel – instead, you are the one who answered the door in the middle of the night to find a police officer standing on the porch, ready to deliver the worst news you’ve ever heard. You’re the person whose loved one was killed by a drunk driver, and you’ve been left to pick up the pieces.

Driving while intoxicated (DUI) can have deadly, life altering consequences. Even if it’s discovered that victim contributed to the accident in some way, the drunk driver’s alcohol level will play a starring role in the decisions made by law enforcement and the prosecutor’s office.

Civil claims and criminal charges: what you should know about DUI-related deaths

When people talk about the justice system, they usually mean one of two types of justice:

  • Criminal justice, which deals with the prosecution of alleged crimes
  • Civil justice, which allows victims to seek compensation from those who harmed them

In a case where Person A is accused of killing Person B in a drunk driving crash, the State of Tennessee will decide whether or not to purse criminal charges. The family of Person B will determine whether or not to seek civil justice in a courtroom through a wrongful death claim.

Because Banks & Jones represents clients in both criminal defense and civil claims, we are uniquely equipped to understand what happens next when you have been charged with a DUI-related death, or when you want to pursue civil justice for your loved one.

What should I do if I’ve been charged with a DUI-related death?

When you are taken into custody after causing a car accident, you are at the mercy of the criminal justice system until you can be bonded out of jail. Depending upon your condition after the accident, you may not be in any shape to talk to law enforcement. Investigators, first responders at the scene of the accident, and even witnesses may try to ask you what happened. The truth is that even completely sober drivers are not likely able to accurately answer that question, and neither are you.

  • If you are able to talk, don’t. Nothing you can say at that point is going to help you and will only serve to work against your own best interest. Speculating about what you think might have happened doesn’t make it fact, but it can be treated as such. Any comment you make is going to be scrutinized along with your demeanor, your speech, and anything else that can be used to show your guilt. The goal is to minimize the information that can be used to turn your life upside down.
  • The moment 911 is called, evidence is being recorded. The most important thing you can do is call a criminal defense attorney as soon as you can access a phone. If friends or family were with you at the time of the accident, have one of them contact a DUI attorney immediately. The sooner you have an aggressive advocate in your corner, the better your chances become of getting the charges dismissed or reduced.

Tennessee takes drunk driving very seriously, and the penalties for death involving DUI are evidence of that. Penalties for DUI crimes involving a deadly crash may include:

  • Refusal to Submit to BAC:
    • Revocation of driver’s license for 5 years
  • Class B Felony Vehicular Homicide with at least .08 BAC:
    • Revocation of driver’s license for 3-10 years
    • Restricted driver license not available
    • Incarceration for 8 – 30 years
    • Fine up to $25,000
  • Class A Felony Aggravated Vehicular Homicide with 1 prior conviction for vehicular homicide or Defendant had a .20 BAC, and prior conviction for DUI or Vehicular Assault:
    • Incarceration for 15 – 60 years
    • Fine up to $50,000

Your defense attorney will know how to stop the flow of information that can harm your case and will obtain any evidence against you to determine if it was improperly obtained and may be excluded.

What should I do if my loved one was killed by a drunk driver in Knoxville?

The same “rules” that apply to criminal defense cases apply to civil injury cases, too: all the recorded evidence from the scene could be admissible in court, and anything the drunk driver says can be used against him or her. So if your loved one is killed by a drunk driver, the first thing you want to do is hire an attorney. Your lawyer understands what evidence is important, and will fight to make sure that it comes to light during a trial or settlement agreement.

Depending on what that evidence shows, more than one party may be held liable for the death of your loved one. The driver can be held to account, but you may also be able to hold a bar or restaurant liable under Tennessee’s dram shop laws.

One important thing to know is that your wrongful death claim may not be affected by the criminal case. Is it better for your case if a jury finds the driver guilty? It is – but that doesn’t mean that it will be worse for your case if the driver isn’t convicted. (Just look at OJ Simpson.) Because the statute of limitations for a wrongful death claim in Tennessee is one year, it is possible that a civil trial could happen before a criminal one.

You can seek damages for the loss of your loved one, including:

  • Medical expenses
  • Funeral and burial expenses
  • Loss of income (including future earnings)
  • Loss of benefits
  • Loss of inheritance
  • Pain and suffering
  • Loss of consortium

The attorneys at Banks & Jones understand the severity of the legal hurdles you face. You deserve an experienced Knoxville attorney whether you’re facing charges or pursuing a claim. Schedule a free consultation today with one of our experienced Knoxville DUI attorneys by calling 865.290.2663, or fill out our contact form.

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