[Agamemnon]

Originally Posted by Sowa

Has anyone ever won that argument in a court of law? It's tenuous at best. Pretty sure they just get charged with vehicular manslaughter in the US.

Just a quick google, looked interesting;

Felony second-degree murder charges are brought when it is believed that the drunk-driver acted with implied malice, or a conscious disregard for human life. The charge is unusual in a DWI case, because it’s extremely difficult to prove implied malice on the part of a drunk driver.
However, if the driver has prior DWI convictions, a prosecutor can use those priors to show that the defendant knew the dangers of drunk-driving, but chose to get behind the wheel anyway. In California, a defendant who pleads guilty or no contest to a drunk-driving charge must admit to that knowledge either in court, or through a signed admission. This admission, known as a “Watson warning,” can be used as evidence that the person acted with implied malice in a subsequent prosecution for second-degree murder.

http://www.californiaduihelp.com/felony/murder.asp