Why Do Authorities Charge Drunk Drivers Who Kill with Murder?

Drunk driving, or driving under the influence (DUI), poses a significant threat to public safety, and when a driver causes a fatality, the stakes dramatically increase. In the United States, authorities often charge these drivers with more severe crimes than manslaughter, sometimes even murder. This practice is not without controversy. Let's dive into the reasons behind this approach and why it's justified despite some arguments to the contrary.

Personal Perspective

This issue is close to my heart, stemming from firsthand experience. In 1996, I was involved in a crash caused by a repeat DUI offender who was over the legal limit and driving at excessive speeds. The accident resulted in severe injuries for me, a comatose victim, and charges ranging from vehicular manslaughter to murder. This account will help us understand the severity of the crime and the principle behind the charges.

Background and Incident

It was a summer night at 8:30 PM. I had just purchased a new motorcycle and was testing it out. As I approached a red light, a car from behind screeched to a halt. I tried to move but was too slow. The car then hit me, and I was thrown into the air. Dazed but not out, I looked around and saw the car backing up. It was clear the driver intended to run me over.

Witnesses emerged, and the situation escalated. The driver lunged at the responding officer, leading to a physical altercation. The charges brought against the driver included reckless endangerment, vehicular manslaughter, and hit-and-run. Despite my status as a victim, I faced a challenging response from organizations like MADD (Mothers Against Drunk Driving).

The MADD Perspective

MADD considered victims who did not suffer child casualties irrelevant. After our conversation, I was directed to support organizations despite my role as a victim. This interaction was eye-opening, highlighting the narrow focus of some organizations when it comes to cases involving DUI fatalities. It's crucial to question such biases and understand the broader impact on victims and society.

Murder Charges vs. Manslaughter Charges

The charges in my case included murder, driven by the severity of the offense and the driver’s intentional actions. Murder charges suggest a premeditated intent to kill, even if indirectly through unsafe driving and intoxication. Manslaughter, on the other hand, is generally used for actions taken without premeditation or without the intent to kill (Colorado Revised Statutes Title 18, Article 1, Section 8-1-102).

This difference leads to varying consequences, from prison time to community service and diversion programs. The choice of charges can be influenced by the driver's criminal history, the circumstances, and the impact of the incident on the victims and society.

Advocating for a Fairer System

While I strongly believe that a first-time DUI offender should face involuntary manslaughter charges, it's essential to consider the second and third offenses. Habitual offenders who repeatedly endanger lives deserve stricter penalties, even murder charges. This approach aligns with the principle of deterrence and serves as a strong deterrent for future offenses. For repeat offenders, a no-tolerance stance is crucial to protect the public.

Conclusion and Future Considerations

The charges in my case taught me the harsh reality of DUI-related fatalities. It's not just about the legal penalties but also the long-term impact on victims and their families. The system needs to continue refining its approach to ensure fair justice for all parties involved, while also providing support for victims and rehabilitating offenders where possible.

Impact and Reflection

My experience has left me with physical and emotional scars, and the sense of injustice lingers. The judgment against the driver remains unfulfilled, highlighting the limitations of the legal system in recovering justice and compensation for victims. The broader implications of these charges on public safety and the deterrence of future offenses are critical.

Key Takeaways:

Murder charges: Reflect the severe nature of DUI-related fatality cases. Manslaughter charges: Are used for unintentional deaths due to criminal negligence. Second and third offenses: Justify stricter penalties to deter repeat offenders.

Recognizing the gravity of the offense and the impact on victims is critical for a just and effective legal system.