DWI charges are harsh enough, but if a DWI resulted in an injury or death, the penalties are more severe. You can’t depend on just any legal team to protect your best interests in this type of case. You need award-winning lawyers who can compel a jury to believe you are innocent through effective defense strategies and articulate communication.
Many attorneys won’t touch DWI cases involving vehicular negligent injuring and vehicular homicide, but our Baton Rouge DWI lawyers are equipped to handle even the most complex cases. We are well-versed in both sides of the law and have a proven track record for favorable results, therefore there is no better team to fight for your freedom than Dewey & Braud Law, LLC.
Experience the difference that results-driven, client-focused advocacy can do for you. Contact (225) 953-8330 now!
Understanding Vehicular Negligent Injuring in Louisiana
Vehicular negligent injury is defined under Louisiana Revised Statute 14:39.1 as inflicting an injury upon another person while operating a vehicle, which is a misdemeanor offense. If convicted, you will be fined up to $1,000 and/or imprisoned for up to six months.
When the injuries sustained are “serious bodily injury”, the charge may be enhanced to first-degree vehicular negligent injuring, which is a felony offense. Louisiana law §39.2 pertains to the offense of first-degree vehicular negligent injuring.
This law involves causing serious bodily injury to another person while operating a motor vehicle, aircraft, watercraft, or other conveyance. The offense is considered first-degree when certain conditions are met, including operating under the influence of alcohol or certain controlled substances, having a blood alcohol concentration of 0.08% or more, or consuming a combination of alcohol and non-controlled substances beyond recommended levels.
Violation of this law is considered presumptive evidence of negligence. The statute outlines penalties, including a fine of up to two thousand dollars and imprisonment for up to five years.
Click Here to learn more about this law.
Louisiana's Definition of Vehicular Homicide
Louisiana Revised Statute 14:32.1 defines vehicular homicide as, “the killing of a human being caused proximately or caused directly by an offender engaged in the operation of any motor vehicle whether or not the offender had the intent to cause death or great bodily harm, when certain conditions exist and such condition was a contributing factor to the killing.” ((see LA RS 14:62.1 A (1)- (7) )
If you are convicted of vehicular homicide, the range of punishment is $2,000 to $15,000 in fines and 5 to 30 years in prison. Further, you may be subject to a court-approved substance abuse program and/or driver improvement program.
All three of these offenses can exist under the following circumstances:
- The operator is under the influence of alcoholic beverages
- The operator's blood alcohol concentration is 0.08 percent or more
- The operator is under the influence of any controlled dangerous substance listed in
Schedule I, II, III, IV, or V as outlined in R.S. 40:964
- The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and are legally obtainable with or without a prescription
Elements of Vehicular Negligent Injury
Under Louisiana Revised Statute 14:39.1, certain key elements must be proven to establish a charge of vehicular negligent injury. These elements include:
- Offender Impairment: The accused must be under the influence of alcohol, controlled dangerous substances (as listed in specific schedules), or other drugs, including prescription medications.
- Blood Alcohol Concentration (BAC): The offender's BAC must exceed 0.08 percent, measured as grams of alcohol per one hundred cubic centimeters of blood.
- Non-Controlled Substances: The operator can also be under the influence of drugs that are not classified as controlled dangerous substances but are legally obtainable with or without a prescription.
- Excessive Consumption: If the operator's impairment is due to knowingly consuming quantities of legally obtainable drugs that significantly exceed prescribed dosages, this condition applies.
- Negligent Injury: The actions of the impaired driver must result in the negligent injury of another person.
These criteria form the foundation of proving vehicular negligent injury and are critical for the prosecution in such cases.
Degrees of Vehicular Negligent Injury
Vehicular negligent injury is categorized into different degrees based on the severity of the injury inflicted and the circumstances of the incident. The degrees include:
Vehicular Negligent Injuring: This charge applies when an injury is caused to a person while the offender meets the conditions specified in La. R.S. Section 14:39.1. Violation of a statute or ordinance is considered presumptive evidence of negligence in these cases.
First-Degree Vehicular Negligent Injuring: This more severe charge applies when serious bodily injury is caused under the same conditions outlined in La. R.S. Section 14:39.2. Serious bodily injury is defined as injury that results in unconsciousness, extreme physical pain, or prolonged and obvious disfigurement. It can also include the extended loss or impairment of a body part, organ, or mental faculty, or a substantial risk of death.
Understanding these distinctions is crucial for both the defense and prosecution in DWI cases involving vehicular negligent injury. Each degree carries different legal consequences and requires a tailored defense strategy.
The Importance of Immediate Legal Representation
If you are facing charges for vehicular negligent injuring or vehicular homicide, securing immediate legal representation is crucial. Early intervention by a skilled attorney can significantly impact the outcome of your case. The sooner you contact Dewey & Braud Law, LLC, the better your chances of developing a strong defense strategy.
Common Defenses in DWI Vehicular Negligent Injuring Cases
There are several defense strategies that our experienced attorneys may employ, depending on the specifics of your case:
- Challenging the validity of the traffic stop: Questioning whether the law enforcement officer had a valid reason for the traffic stop.
- Questioning the accuracy of breathalyzer or blood tests: Investigating the procedures followed during the testing process to ensure accuracy and reliability.
- Proving lack of causation: Demonstrating that the injury or death was not directly caused by your actions while driving under the influence.
- Presenting mitigating circumstances: Highlighting any factors that might reduce the severity of the charges or penalties.
How A Criminal Defense Attorney Can Help Your Case
Vehicular Negligent Injury offenses are very serious and can come with some heavy penalties. Having a legal team that you trust by your side can make all the difference! Don’t go into the fight alone–contact Dewey & Braud today to schedule your FREE consultation!
