If you are currently charged with a criminal offense in conjunction with a DUI, you could be looking at some serious jail time. This is especially true if you are charged with homicide or attempted homicide. Depending on the drug you were using when you supposedly hurt or killed someone, there may be a couple of ways a DUI defense lawyer, such as R. Patrick McPherson Attorney At Law, can "talk down" your criminal charges or lessen your punishment if you are convicted.

Your Drug of Choice

If you were arrested because you were under the influence of alcohol, you may not have a way out of this situation without facing some stiff penalties. Alcohol and drunk driving or drunken/disorderly conduct resulting in a violent act are not looked upon favorably in any state. (Some states just have slightly less harsh punishments based on the number of offenses on your record.) Depending on where you live, probably the only way your lawyer may be able to talk down your charges or get your sentence reduced is if this is your first offense or if you agree to alternative punishments like house arrest. 

If you were arrested because you were under the influence of an illegal street drug, then it may be tough to argue, but your lawyer could still try for a "lighter" sentence that might include drug rehab programs. Even then, you may still face some time in jail or prison after you have cleared detox and worked through the requirements of the drug program. (Your presiding judge will make that determination at sentencing.)

If the drug is not an illegal one, but a controlled prescription one, then your lawyer may have to pursue a different sort of avenue with regards to how you acquired the drug and if you reported any unnatural side effects to your doctor. If there were signs that the prescription medication was causing an organic or chemical imbalance in the brain, pleading temporary insanity may apply. If you had prescription medication in your system PLUS other drugs, you may just be out of luck unless your lawyer can prove that you have another sort of alibi.

Your Charges and Your Sentence

Attempted manslaughter is one possible charge when you do not kill anyone and have no prior history of violence, while manslaughter of various degrees may apply to you if you do have a violent or checkered past. Your lawyer could argue for one of these, or argue for temporary insanity if the police had to use something like Narcan to get you to calm down when they arrested you. All of these charges are slightly less serious than homicide and its degrees, but you may still have a rougher-sentencing judge.

There may be some sentencing options your lawyer can request on your behalf, or bargain for with the district attorney. Unless you get a plea bargain/deal before heading into court, the sentencing is left to the judge's discretion. If you do get a deal, and you know you have to take some responsibility for what happened because you are not entirely innocent, it is better to take the deal than hope the judge is really lenient.

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