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Does Lily’s Law make fatal DUI accidents like other homicides?

On Behalf of | Oct 3, 2023 | Car Accidents, DUI Defense |

Previously under Kentucky law, if you accidentally killed someone with your car while drunk, you faced a lesser penalty than just about any other similar killing. However, now, that is no longer the case since the signing of Lily’s Law.

What is Lily’s Law?

Lily’s Law was named after a child who died in a drunk driving accident. It was signed into law at the end of March this year, and it makes it easier to charge alleged DUI offenders with vehicular homicide.

Why does Lily’s Law matter?

Since it makes it easier for prosecutors to charge alleged DUI offenders with vehicular homicide, the maximum penalty for a fatal DUI accident increased to 20 years in prison as vehicular homicide is a Class B felony. Prior to this, the maximum penalty was a Class C felony with a maximum 10-year prison sentence.

There is also an upfront requirement that if you are involved in a fatal accident and blow above the legal limit, you must be held until your breath test shows zero, which must at least be six hours after your arrest. Prior to this, police could release drunk individuals back on the streets.

How can you defend yourself?

Defending yourself prior to Lily’s Law and after Lily’s Law is essentially the same. You can challenge the evidence itself, how it was gathered, the stop itself, the reasoning behind the stop, the accuracy of any testing and the accident’s causation.

Though, what has changed is the seriousness of conviction, which means that plea deals will also likely be much worse than before Lily’s Law. This means you will need to take these charges seriously immediately and start building your defense the moment you see those lights.