Drunk driving charges are very serious in Oregon, especially if someone else is hurt by the allegedly drunk driver. When someone else is killed, the penalties increase even more. A felony conviction for intoxicated manslaughter can result in long prison sentences, large fines, probation, alcohol education classes, drivers' license revocation and more.
An Oregon man is facing these penalties after a 7-year-old girl and four others were injured in an accident. According to reports, the 32-year-old man was driving near Bend, Oregon on U.S. Highway 97 when he lost control of his car. Police claim that the 1997 Chevrolet Suburban left the road and hit a rock embankment before coming to a stop.
The girl, the man's stepdaughter, was pronounced dead at the scene. Four others, police say, were taken to local hospitals for injuries varying from minor to critical. Following the accident, the man was charged with DUII, first-degree manslaughter, reckless driving and others.
In order for police to bring these types of charges, they have to have evidence of intoxication. This evidence can come from a variety of tests. While these tests are often accurate, they can be challenged in a number of situations. If they are not used perfectly, by officers that are trained, for example, the results cannot be used in court. Without evidence of intoxication, prosecutors cannot get a conviction.
People, like the man in this case, who are facing DUII charges after a car accident need to explore all their criminal defense options, including challenging the evidence of intoxication that is gathered by police.
Source: The Oregonian, "Police identify 7-year-old killed, man arrested for DUII in crash near Bend," Luke Hammill, Sept. 27, 2014
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