At this point it may be appropriate to back up and discuss a broader principle of criminal law. Assuming the primary function of punishing someone for criminal conduct is to deter others from committing the same conduct, isn’t it appropriate to punish based on the action, and not the consequence of that action? The conduct of driving at a .3 BAC is the same conduct regardless of whether the driver causes an accident, no? For the sake of brevity, we’ll continue this conversation on another day, and focus on how and why a person can be charged with Murder based on driving under the influence.
*See what I did there? Glad you're paying attention.
To read more about the above referenced local news story: http://www.wlky.com/news/local-news/louisville-news/man-killed-in-iroquois-park-crash/-/9718340/20389160/-/g3k6eaz/-/index.html#ixzz2VAfV3T8v