Answer: Homicide while OWI is essentially causing a death while operating under the influence. There is an affirmative defense, however, if the accident would have happened irrespective of whether the person was intoxicated or not. Homicide by intoxicated use of a motor vehicle can result in a prison sentence, or in a probationary term upon conviction. We’ve had many clients receive probation in lieu of prison on those cases. We’ve also had many clients resolve their cases with a straight drunk driving charge as opposed to a homicide charge, and this saved quite a bit of potential prison time.