Abstract
The proper charge for an intoxicated person behind the wheel of a motor vehicle that kills another person is usually some form of legislatively created statute increasing the range of punishment from a misdemeanor to a felony. There are instances, however, where this legislatively created statute may not fit the facts that constitute the crime. One such serious factual scenario is when a habitual DWI offender continues to drive and ultimately takes the life or lives of an innocent victim(s). Prosecuting these offenders under the “Felony Murder” statute may be one method available to make the punishment more appropriate for the facts of the case. (Author/publisher)