Originally Posted by
KD5NRH
Intent is a specific culpable mental state. AFAIK, most states recognize some variation of the four culpable states used here in Texas; intentional, (just what it sounds like) knowing, (with understanding that the outcome is reasonably certain) reckless, (disregarding a substantial and unjustifiable risk) and criminally negligent. (ought to be aware of the risk)
Intent or knowledge is enough to qualify as murder, and recklessness is the minimum standard for manslaughter. (2-20 years in TX) Unfortunately, a lot of DWI deaths have been charged as (or allowed to plea bargain down to) criminally negligent homicide (180 days to 2 years) over the past few decades. Now, TX recognizes intoxication manslaughter in the 2-20 category, but is still way too lax on simple DWI; a second offense can get you as little as 72 hours in jail and a $1500 surcharge at license renewal.
IMO, no one who has ever had a driver's license has any excuse for claiming they didn't know that killing someone is a substantially likely outcome of drinking and driving. I could see the argument that a first offense (i.e. no DWI of any kind) would drop the probability into the "reckless" category, but anyone shown to have made a habit of driving drunk should be facing murder charges when they kill someone.
I'd argue that DWI should certainly be considered reckless in regard to deaths as a result, and that TX is doing right by acknowledging this. ...but not going further and claiming it is intentional or knowing.
Usually, someone is doing something else wrong when they get busted for DWI. A minor, single vehicle accident, speeding, weaving, etc. When considering the punishment for DWI, it should be considered in light of whatever else they might have been charged with -- probably a mere civil citation -- vs. the penalty for DWI, which is severe, in contrast. "As little as" does not = what most receive in penalties, fines, jail time, court fees, mandatory treatment, etc. And I don't consider 3 days in jail at all trivial. By contrast, even a first offense in VA results in mandatory 30 day jail stay.
And when a drunk driver does kill someone? They are usually charged appropriately, with manslaughter or homicide charges, vs. a sober driver who may be released without charges or at most some kind of civil violation.
But killing someone while driving impaired is simply not a substantially likely outcome; it's a substantially unlikely outcome, which is rightfully how the courts see it. It is, however, a good thing that more and more states are making it extremely difficult for repeat offenders to drive at all.