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Penalties If A DUI Accident Resulted In The Death Of Another

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If at the time of the DUI offense you were involved in a motor vehicle, snowmobile, all-terrain vehicle or watercraft accident that resulted in the death of another when the DUI violation was a proximate cause of the death, then this type of offense may be charged as either a Class A misdemeanor or a Class 2 felony for which unless the court determines that extraordinary circumstances exist shall require a sentence of 1) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or 2) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.

Cases such as these: 1) sometimes are charged by the police as a misdemeanor, 2) sometimes charged by the police as a felony after receiving approval from the prosecutor’s office, or 3) sometimes charged by the police as a misdemeanor, but later upgraded to a felony charge by the prosecutor’s office once the case arrives at court.

If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.

These penalties are in addition to any other penalties that may be imposed by the court or administrative sanctions of the Secretary of State. Please make your next selection above to determine what other penalties may apply to your DUI case.

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