Originally posted by dadudemon
I am not sure what you mean at that last part, there.DUI alone is not grounds for murder unless you actually kill someone.
If you intended that, then, yes, it would appear that first time offenders, such as that 18-year-old I cited, can be charged with murder 1, while DUI. (He killed a dog walker. Not to self: prosecutors apparantly love them some dog walkers.)
BTW, that fellow was using a stolen car, which is the issue there. Manslaughter crimes like drunk crashes are automatically boosted to murder if they happened in combination with other felony crimes, in this case burglary. So this isn't quite what I was looking for, nor what you were proposing, since there were other crimes contributing to the harsher penalty. I have yet to see a drunk crash alone resulting in murder one (for your credit you did prove that on a state level it is sometimes murder 2 though).