No DUI charge should be taken lightly. All can have serious consequences for a person’s future. However, when someone injures or kills another person while driving under the influence, they could be looking at spending years behind bars.
Here in Kentucky, the potential financial consequences for seriously injuring or killing a parent or guardian of a minor child became significantly greater several years ago. What is known as “Melanie’s Law” allows judges to require a person convicted of causing “death or permanent disability” to the parent or guardian of a minor child while driving under the influence to pay restitution or child support. The law was named for a woman who suffered catastrophic injuries in such a crash.
How is the amount of restitution determined?
The amount of restitution is determined by the judge in the case and is ordered at sentencing. It is based on factors including:
- The child’s financial needs (like educational expenses, child care, medical and psychological care)
- The child’s previous standard of living
- The child’s emotional and physical condition
- The financial resources of the child (for example, any money left to them if their parent’s will), as well as any surviving parent(s) and guardians
Those required to pay this restitution must typically do so until the child turns 18 or 19 (depending on when they finish high school).
The financial resources of the person ordered to pay the restitution are also considered. Since most people will receive a prison sentence, these payments can be delayed for a maximum of a year after release. They still are required to pay the full amount they would have had to pay if they had begun immediate payments. In other words, they aren’t off the hook for restitution if a child became a legal adult while they were in prison.
If you or a loved one is facing charges for a DUI-related crash that caused injury or death, it’s crucial to get legal guidance as early as possible.