(Newswire.net — September 18, 2017) — Karen Frost was charged with murder in a DUI crash that killed her daughter, bringing to light whether murder charges should stick against those responsible for DUI related crashes resulting in death.
Alabama police arrested 35-year-old Karen C. Frost Tuesday on murder charges, following an April 28 crash that cost Frost her 10-year-old daughter’s life.
Image Source – Eufaula Police Department
Driving down Eufaula Avenue at approximately 8 p.m. on the night of the incident, authorities state that Frost crossed the street’s median and struck an SUV driving in the opposite direction.
Six people in Frost’s vehicle suffered injuries, including Frost’s daughter, Malaya Peterson, who was pronounced dead at the Medical Center of Barbour.
How then, is a death resulting from a DUI considered murder or manslaughter?
Criminal Charges Filed in a DUI Death
Each DUI case is handled differently depending on the circumstances. And, when dealing with the differences between murder and manslaughter charges, punishment ranges significantly.
In the state of Alabama, the differences between murder and manslaughter charges, as they relate to DUIs, are clearly defined.
Manslaughter
Any motorist that kills another person while driving recklessly can be charged with manslaughter. The term “recklessly” means to knowingly do or fail to do something that creates a substantial risk to others. In short, once a person deviates from what is seemingly reasonable behavior, charges of manslaughter can be filed.
Murder
On the other hand, murder charges can be filed against a person if they recklessly engage in behavior that creates a “grave risk of death” to another person. This indifference towards human life is what draws the line between manslaughter and murder charges.
DUIs in Alabama
According to the National Highway Traffic Safety Administration (NHTSA), there were 9,967 fatalities attributed to drunk driving in the United States in 2014.
As a result, states like Alabama have really tightened their DUI penalties over the years in an effort to reduce those numbers.
If you are facing your first DUI charge, and there were no serious injuries or fatalities as a result, chances are you will receive the minimum punishment, which is still quite harsh:
- Up to one year in jail or a fine ranging from $600-$2,100 or both
- License suspension for 90 days
- Option to utilize an interlock installation device for 180 and forgo the license suspension (with a BAC below .15)
- Mandatory 24 month interlock installation with a BAC above .15, or an injury to a child under age 14 in the car
- Required substance abuse evaluation and treatment
- Mandatory probation
If you are convicted of subsequent DUIs, you then face harsher penalties such as mandatory prison time, increased fines, and mandatory interlock installations for lengthier periods.
However, in other states, such as Oregon, you may be able to enlist the help of an experienced DUI attorney, such as Romano Law, P.C., to evaluate your individual case and reduce the charges and penalties imposed on you.
Felony DUIs
Regardless of the state, if you are involved in a DUI that results in a fatality, you may be facing vehicular homicide or vehicular manslaughter.
As is the case with Frost, felony DUIs in Alabama are imposed, along with murder or manslaughter charges, for the following:
- Four or more DUI convictions in a five year period
- Involvement in a serious accident resulting in injury or death
- Significant property damage leading to injury or death
- Traveling with an underage passenger
- Driving in a school zone
- Driving 30 mph over the posted speed limit
In the end, the punishment for a DUI is swift and severe in the state of Alabama. And, rightfully so when it results in the death of an innocent person. In fact, no matter which state you are in, you are looking at some serious consequences that will follow you the rest of your life.