Drunk driving............?

Question

Why is it that when a drunk driver kills another person, he/she is only charged with manslaughter or vehicular homicide? Shouldn't they be charged with first or second degree murder. The way I see it, if a person gets behind the wheel after they have been drinking, they're saying to the world that they don't care if they kill anyone or not.

I'm well aware that it's not intentional, but there has got to be stricter laws regarding drunk driving. I don't know about the rest of you, but where I grew up if you killed someone while you were driving drunk, you wouldn't spend so much as a day in jail.

Crazyami: I'm from upstate New York.

Answer 1

If you are loaded and crash into someone THEN the punishment should be severe, alot of people are charged under suspicion of DUI to hit quotas for revenues, they are expected to plea out, being as lawyers are expensive alot of people take the rap even though there are under the limit for dui's because of their ignorance to the system but YES I do believe the penalties should be severe for taking the life of another intentional or not in that scenario ____ also Belamia's situation doesnt sound right ... "another" 90 day suspended sentence ..after 11 convictions ...NO WAY, COME ON !

Answer 2

Some states have tried to make your same argument, arguing that the act of drinking and getting behind the wheel represent an intent to do harm. However, most statutes that would make drunk driving (or driving under the influence of a controlled substance--let's not limit this to just alcohol) a capital felony have been struck down on appeal or by states' supreme courts.

Make no mistake, "vehicular homicide" and manslaughter are murder charges. And those who are successfully prosecuted under the statues will bear the stigma of convicted murderers--and rightfully so.

Other people answering this question have astutely observed that the difference is intent. The definitions of first- and second-degree vary by state, but generally first-degree murder has been premeditated, planned out in advance and carried out with malice of forethought. Or, in some cases the murder may be an unintended side effect during the commission of another serious and/or violent crime.

With second degree murder, the act is not premeditated, but is marked by exceptional violence (i.e. the killer didn't pre-plan a murder but killed someone intentionally in the heat of the moment.)

I think there is a strong case that drunk driving could and should be classified as second-degree murder.

I ended a friendship when she was picked up for drunk driving. We had a standing policy that we'd call the other--no shame, no blame--if the other needed a ride after drinking.

Answer 3

What a bunch of idiots. I went drinking once when I was 21 and got stupid drunk and guess what? I DID NOT DRIVE! I rented a room and slept it off. Alone. If you are drinking and get behind the wheel you are willing to kill someone. Maybe not murder one, but you know good and dam*ed well your actions could result in the death of someone else. Does drinking make you forget you are drinking or that driving drunk is illegal? Please. You can put all the butter in the world on that and won't make it a biscuit. Drunk drivers are a menance to society. They should have to go to funerals of people killed by drunk drivers and they should have their licenses revoked for a year and spend 6 months in jail for first offense, if they didn't kill. I think a picture posted all around town would be a good idea as well. Second offenders should be locked up for life. What? Didn't figure it out the first time around? Then you are too stupid to remain in society anyway.

Answer 4

I agree, but the current laws keep the intent in mind that the person driving the vehicle has not intent in crashing into someone. To that argument, i can say well if you knew having drinks can slow down your reflexes and cause potential harm, it does lead to giving a hoot to other's lives. So many lives have been lost due to accidents resulting from DUI. There are some states that have harsh penalties yet not a very consistent approach. Hope changes come in or technology can prevent a drunk person from driving.

Answer 5

I lost my Grandfather on my 5th Birthday to a Drunk Driver. That Driver INTENDED to get in his Vehicle, he INTENDED to start that vehicle while Intoxicated (well over the limit), he KEPT Driving even though impaired.

He CHOSE to drive through that Stop Light at over 60 miles an hour, hitting the Vehicle my Grandfather was Driving Broadsides -- hard enough to spin it around.

He CHOSE to back up, throw his car into Drive once again, and SLAM into the OTHER side of my Grandfather's Vehicle, and now when it spun around again, my Grandfather was ejected on the pavement.

He CHOSE to BACK UP over the body of my Grandfather, hit the Vehicle once again, BACK UP over the BODY of my Grandfather, and ...

FINALLY, Got enough bearings to Drive Forward Around the Accident and FLEE the SCENE.

What did he get when caught? A slap on the Wrist, a little time without his driver's license, and not much else.

So for my 5th Birthday -- instead of the Birthday present in the Vehicle, I was attending a Funeral and with my parents making Funeral Arrangements for my Grandfather -- closed casket of course.

The laws have changed a little -- and the penalty is a little stiffer than when my Grandfather was MURDERED by that Drunk Driver ....

but I STILL remember that day as if it was yesterday, and I am now over half-century old -- the horror and memory lasts forever.

This DRUNK DRIVER Took Away from my Siblings and I our Grandfather -- a Kind, Hard-Working Man, who we loved -- and someone who worked his way from immigrant to own his own home, to teach his children English (which he did not know when he arrived in America), to see his child (my father) go to War (WWII), get Graduate Degrees (1st Generation American!), but NEVER got to see us, his Grandchildren (2nd Generation American) serve our country honorably and gain our own Graduate Degrees.

Should this driver have been charged with MURDER? YES -- the Driver did NOT care at all about the body on the street that he drove over -- and CLEARLY I see that as Murder.

Answer 6

I here what your saying...but they are not doing it with the intentions of killing someone. When people are drunk, they act stupid & don't pay attention to what they are doing.
I don't think the charge should be murder( if we did that, what would we charge real murders with, the people who deliberately seek to kill someone...I mean take a gun and blow someones head off or drown their child in a bath tub)...I don't think that u can compare that to some jackass retard who got drunk and did not know what he was doing...seriously, how many of us have gotten drunk & had someone tell us the next day of something we did & we said wow I don't remember that....but I do think that there should be stricter punishments in general for drunk drivers. Everystate is different.
I don't think they should be charged with murder...it is NOT the same thing. They should serve an amount of jail time & get license revocation for life.

Answer 7

I agree with you. I have lost a dear friend to a drunk driver, who was out on his 10th or 11th conviction of it, and driving drunk again. He was given a 90 day suspended sentence AGAIN... my friend's mother, at the court said "I think he should stay in jail as long as my son stays dead!" I think she's right, and I think it's a shame that people are allowed to daily do something that is KNOWN to be deadly, and continually get away with it!

Answer 8

I agree with you. I don't know if the system thinks that only being charged with a minor charge is severe enough because they have to live with knowing that they killed somebody. If there is an accident where somebody gets killed and the driver isn't under the influence they get charged with vehicular homicide too. This kind of stuff makes me angry.

Answer 9

well where are you from? another country? It should be first or second degree. I agree. If you know you have been drinking, which is mind altering, and you decide to drive, a car should be considered a deadly weapon. If I were to get drunk, shoot and kill someone.......no ones going to care if i was drunk.......its going to be considered murder.

Answer 10

no one intentially plans on killing someone when they get into a car and drive..
i think the punishment they get is probably good enough..

i suppose it depends on if they've been charged with drunk driving before.. perhaps htey should get a stiffer punishment