Careless driving that results in someone’s death is normally charged as a misdemeanor known as motor vehicle homicide. However, drunk driving that results in a fatality is usually charged as manslaughter in the state of Nebraska. Prior DUIs can trigger much more severe sentences.

An experienced and aggressive attorney can attack the prosecution’s case and position you to avoid a conviction or limit the punishment. The DUI lawyers of Berry Law welcome the toughest cases, including felony DUI. Contact our Lincoln or Omaha law office today to discuss your situation.

Lincoln DUI Vehicular Homicide Lawyers

Nebraska criminal statutes recognize three tiers of DUI violations resulting in a motor vehicle crash:

  • Serious bodily injury to another person — Class IIIA felony, punishable by up to five years in jail
  • Motor vehicle homicide (no prior DUI conviction) — Class IIA felony, maximum of 20 years’ imprisonment and a minimum of none
  • Motor vehicle homicide (with prior DUI conviction) — Class II felony, one to 50 years in jail, license revoked for 15 years

Our DUI defense attorneys have extensive experience in felony DUI cases, including motor vehicle homicide (“DUI manslaughter”). We excel at challenging the evidence of the underlying drunk driving charge. If we succeed in dismissing the DUI element, it may be possible to knock the charges down to a Class I misdemeanor of unintentional death while operating a motor vehicle in violation of law.

Building a Strong Defense

We also carefully examine the accident investigation and explore the careless or reckless conduct of the other driver, and whether our client’s alleged intoxication was even a factor in the crash. Our legal team exhausts every possible defense to avoid the devastating consequences of a conviction for motor vehicle homicide. Often accident reconstruction experts are needed to effectively challenge the government’s version of what actually caused the accident.

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