Missouri DWI Fatality Lawyer

Defending DWI Manslaughter & Vehicular Homicide Charges | Attorney Andrew Brumitt

When a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) results in a fatal accident, Missouri prosecutors treat it as one of the most serious crimes in the state.
A fatal DWI can lead to manslaughter or even murder charges, exposing you to years—or decades—of prison time, permanent loss of your driver’s license, and a felony record that can never be erased.

At Brumitt Legal, attorney Andrew Brumitt defends clients across Missouri facing DWI-related death charges, including vehicular manslaughter, assault while intoxicated, and second-degree murder. These cases combine criminal law, forensic toxicology, and accident reconstruction—and they require a defense lawyer who can challenge all three.

Andrew Brumitt personally investigates each case, scrutinizing the evidence down to the millisecond—because a single flaw in timing, causation, or testing can be the difference between prison and freedom.

How DWI Fatality Cases Are Charged in Missouri

Missouri law allows prosecutors to pursue several different felony charges when a person dies as a result of a crash allegedly involving intoxicated driving:

1. Involuntary Manslaughter (Second Degree) — RSMo § 565.027

Most common DWI fatality charge.
Prosecutors must prove that the driver acted with criminal negligence while intoxicated, and that this directly caused another person’s death.
Class C Felony, punishable by 3 to 10 years in prison and fines up to $10,000.
Becomes a Class B Felony if the driver had a prior DWI or caused the death of a law enforcement officer or emergency responder — punishable by 5 to 15 years in prison.

2. Assault While Intoxicated Resulting in Death — RSMo § 565.074

Applies when the driver recklessly causes the death of another person while under the influence.
Class C or B Felony, depending on the facts of the case.
May be charged alongside or instead of manslaughter when prosecutors allege recklessness rather than negligence.

3. Second-Degree Murder — RSMo § 565.021

Filed in the most severe cases, especially where the defendant has multiple prior DWIs or drove with extreme disregard for human life (e.g., high speeds, BAC far above .15, or fleeing police).
Prosecutors argue that the driver “knowingly caused a substantial risk of death” by driving intoxicated.
Class A Felony, punishable by 10 to 30 years, or life in prison.

4. Felony DWI with Death (RSMo § 577.010)

The base DWI charge can be elevated to a Class D or C Felony when a fatality occurs, even without a separate manslaughter or murder count.

The Scientific and Legal Complexity of DWI Fatality Cases

DWI fatality cases combine criminal investigation, physics, and forensic science—and each layer can contain errors that create reasonable doubt.

Andrew Brumitt meticulously examines:

Accident reconstruction math (speed, impact angles, coefficient of friction, and perception–reaction times).
Causation analysis — was intoxication actually the cause of the crash, or was it mechanical failure, road conditions, or another driver?
Toxicology timing — using retrograde extrapolation to determine true BAC at the time of impact, not hours later.
Chain of custody for blood samples and testing protocols.
Vehicle dynamics and black box (EDR) data — showing speed, braking, throttle, and steering input seconds before impact.
Eyewitness reliability, lighting, and environmental factors affecting perception.

In many cases, the prosecution’s reconstruction is built on assumptions and software inputs rather than verified physics. Andrew Brumitt dissects these reports using real data and expert consultation—demonstrating that what appears as “recklessness” may actually be a sequence of misunderstood reactions and physics errors.

Penalties for a DWI Resulting in Death in Missouri

Depending on the charge, penalties may include:

  
    


  
      Charge Type
      Statute
      Felony Level
      Potential Sentence
      Fines
      Key Details
    

  
      Involuntary Manslaughter (2nd Degree)
      RSMo § 565.027
      Class C Felony
      3 – 10 years in prison
      Up to $10,000
      Most common DWI fatality charge; requires proof of criminal negligence while intoxicated.
    

      Involuntary Manslaughter (1st Degree)
      RSMo § 565.024
      Class B Felony
      5 – 15 years in prison
      Up to $10,000
      Applies when driver has prior DWI convictions or victim is law enforcement or emergency personnel.
    

      Assault While Intoxicated Resulting in Death
      RSMo § 565.074
      Class B or C Felony
      5 – 15 years in prison
      Up to $10,000
      Charged when prosecutors allege reckless driving while intoxicated caused the death.
    

      Second-Degree Murder
      RSMo § 565.021
      Class A Felony
      10 – 30 years or life in prison
      Up to $20,000
      Reserved for extreme cases involving multiple prior DWIs or gross recklessness; treated as homicide.
    

      Felony DWI with Death
      RSMo § 577.010
      Class C or D Felony
      3 – 10 years in prison
      Up to $10,000
      Enhancement of standard DWI when a death occurs, even without separate manslaughter or murder charge.
    



  

A Fatality DWI conviction can also result in:

Permanent driver’s license revocation
Mandatory Ignition Interlock Device (IID) for reinstatement
Permanent felony record (non-expungeable)
Civil lawsuits for wrongful death
Restitution orders and insurance termination

How Attorney Andrew Brumitt Defends DWI Fatality Cases

Andrew Brumitt approaches every fatal DWI case as a battle of law, science, and causation. He combines criminal defense experience with a forensic understanding of accident mechanics and human performance to expose flaws in the State’s theory.

Key Defense Strategies:

Challenge Causation: Proving intoxication doesn’t equal guilt. The prosecution must show the alcohol directly caused the crash — not weather, mechanical failure, or another driver’s actions.
Dispute Reconstruction Science: Reviewing every formula and measurement used in crash reconstruction (speed, angles, skid marks, and momentum transfer).
Reanalyze Toxicology Evidence: Verifying test timing, storage conditions, and whether blood results were taken after alcohol absorption peaked.
Expert Testimony: Using independent forensic toxicologists, mechanical engineers, and human factors experts to counter state witnesses.
Attack Prior Convictions and Enhancements: Preventing improper prior DWIs from being used to elevate the charge to murder-level felonies.

Andrew also works to humanize his clients — showing juries the difference between an accident and intent, and pushing for treatment-based resolutions when appropriate.

Why You Need a Trial-Ready DWI Fatality Defense Attorney

Prosecutors often treat fatal DWI cases like homicides — because that’s exactly how the law defines them. But scientific truth and legal proof are not the same thing.

Attorney Andrew Brumitt has the experience and technical knowledge to challenge both. He is known for dissecting crash reports, exposing weak forensic evidence, and aggressively cross-examining expert witnesses. In every case, his goal is to protect your freedom, your reputation, and your future.

Charged with a DWI Resulting in Death in Missouri? Call Andrew Brumitt.

If you or a loved one are accused of causing a fatal crash while intoxicated, your life is on the line.
Attorney Andrew Brumitt will stand with you against the full weight of the State’s case and fight to uncover the truth—scientifically, factually, and legally.

📞 Call (314) 448-0914 or complete the DWI Questionnaire for a free, confidential consultation.

Brumitt Legal defends clients in St. Louis County, St. Charles County, Jefferson County, Boone County, Greene County, Jackson County, and throughout Missouri.

The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is unique and must be evaluated on its own facts. Past results do not guarantee future outcomes.