A driver who accidentally causes an accident that leads to the deaths of passengers, occupants of other vehicles or pedestrians can be charged with vehicular manslaughter, or vehicular homicide, depending upon the state.
A vehicular manslaughter charge may be appropriate if you were:
- Driving under the influence of drugs or alcohol
- Driving recklessly or carelessly
- Driving in an illegal manner, such as speeding well above the limit
Vehicular manslaughter is a relatively new homicide criminal charge. Before it came into existence, such drivers were usually charged with manslaughter, which is the unintentional killing of a person due to criminal negligence. However, it was found in court that juries often were reluctant to attach ‘manslaughter’ to a person who killed someone in a car accident. So, the term ‘vehicular manslaughter’ began to be used in most state criminal statutes.
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Vehicular Manslaughter Laws
Depending upon the state in which the alleged crime occurs, a vehicular manslaughter charge could be appropriate depending upon the circumstances. The typical driving types that lead to this charge are:
Ordinary negligence in many states can lead to a vehicular manslaughter charge. This is defined as inattention or lacking care and prudence that an ordinarily careful driver would exercise. For instance, a driver who takes his eyes off the road to change the radio could be charged with vehicular manslaughter if there is a fatal accident at that moment.
In some states, driving that could support a vehicular manslaughter charge must be more reckless or egregious than simple negligence. Gross negligence and reckless disregard for the safety of others are common standards in these states. For instance, say a person drives at a very high speed and is intoxicated and runs through a red light and kills someone – that could be construed as criminal negligence.
- Driving While Intoxicated
One of the most common ways that a driver is charged with vehicular manslaughter is that he or she was intoxicated or on drugs at the time of the accident. If this is proven in a court of law, this is how prosecutors can establish negligence or reckless behavior.
Intoxication is usually proven through the testimony of eyewitnesses, self-incriminating statements, and blood and breath tests at the scene or police station. In most states the prosecutor must demonstrate that the driving itself was reckless and careless. This means that just proof of the person being legally intoxicated is not enough.
Defendants with a blood alcohol level of 0.08 or higher are assumed to be drunk, although note that some states will set a lower threshold for some drivers, such as those under the age of 21, or commercial truck drivers. Even if the BAC is lower, prosecutors often can meet the necessary negligence standard by offering evidence that shows the reckless nature of the driving itself, in addition to the proof of some level of intoxication.
Drivers who are under the influence of a prescription drug also can be charged with vehicular manslaughter, if their driving leads to a fatality. For example, a driver might be taking a sleep medication on a prescription and the doctor warned him about its side effects. If the driver goes ahead and drives against a doctor’s warning and someone is killed, this could be enough to prove negligence or recklessness.
Vehicular Manslaughter Crimes and Charges
Vehicular manslaughter charges also can be brought by the prosecutor after the driver violates a safety law. For example, most states require that your windshield be clear of all obstructions and dirt so that you can see the road. If a fatality occurs due to your inability to see through the windshield, you could be charged with manslaughter. Also, passing vehicles on a road with a double yellow line is another example.
Some states also will single out a particular violation of law that is not always a safety violation. For example, under the law of some states, a completely sober driver who kills someone when passing a stopped school bus has committed a felony. Meanwhile, a death caused by other types of reckless driving (not DUI) can be punished as a misdemeanor.
Further, vehicular manslaughter can apply when a driver falls asleep behind the wheel. If someone dies as a result of this, the driver does not always face charges of vehicular manslaughter. The key question is if the driver acted in a negligent manner when he started to drive. For instance, manslaughter could apply if the driver is proven to have stayed up all night, worked all day and tried to drive after not sleeping for 48 hours.
Vehicular Manslaughter Punishment
Most states have several different degrees of vehicular manslaughter. There are statutes that set more severe punishments for vehicular manslaughter that involves drivers who are under the influence of drugs or alcohol.
For instance, in Georgia, a driver who kills someone while under the influence can be charged with first degree vehicular homicide, which may be punished by 15 years in prison. Meanwhile, a driver who causes a fatality while committing a traffic offense, such as running a stop sign, would be guilty of second degree vehicular homicide.
Note that a vehicular manslaughter conviction can have much more than criminal consequences. Many people who are convicted under the law also end up being sued for wrongful death in civil court. If the action that led to the conviction was particularly reckless, the driver could face punitive damages as well.
Vehicular Manslaughter Statute of Limitations
The statute of limitations for vehicular manslaughter varies by state and can depend on whether the charge is classified as a misdemeanor or a felony. For misdemeanor vehicular manslaughter, the statute of limitations is typically around one to three years. For felony vehicular manslaughter, the time frame is generally longer, often ranging from five to ten years, or in some cases, there may be no statute of limitations at all. This means that legal action could be pursued many years after the incident, especially if it involves severe negligence or DUI-related circumstances. Always check state laws for specific timeframes.
Vehicular Manslaughter Sentencing Guidelines
The prison sentences for this crime also varies a great deal by state. A person convicted in one state for vehicular manslaughter could face five years in prison, or 20 years in another state. Also, sentencing options can range from a suspended sentence or prison time.
In some cases in some states, a defendant could be placed on probation, or he or she could be restricted from owning a device with the ability to send and receive text messages.
Vehicular Manslaughter Cases
- Caitlyn Jenner’s Manslaughter Case Now in DA’s Hands
- NYPD Officer Fired After Deadly Crash
- Man Admits to Causing Fatal Crash, Sentenced to 18 Months in Jail
- Bail Set at $10 Million for Driver Charged with Killing Cyclist
Vehicular Manslaughter Laws & Statute of Limitations by State
Vehicular manslaughter involves causing the death of another person through negligent or reckless driving. The laws and penalties for vehicular manslaughter vary by state:
Alabama
Under Code of Alabama Section 13A-6-3:
- Vehicular manslaughter is considered a Class B felony, punishable by 2 to 20 years in prison and fines up to $30,000.
- The statute of limitations is 5 years.
Alaska
Under Alaska Stat. Section 11.41.120:
- Vehicular manslaughter is a Class A felony, with penalties including up to 20 years in prison and fines up to $250,000.
- The statute of limitations is 5 years.
Arizona
Under Arizona Revised Statutes Section 13-1103:
- Vehicular manslaughter is a Class 2 felony, punishable by 3 to 12.5 years in prison.
- The statute of limitations is 7 years.
Arkansas
Under Arkansas Code Section 5-10-104:
- Vehicular manslaughter is considered a Class C felony, punishable by 3 to 10 years in prison and fines up to $10,000.
- The statute of limitations is 3 years.
California
Under California Penal Code Section 192(c):
- Vehicular manslaughter can be charged as either a misdemeanor or felony, with penalties including up to 6 years in state prison.
- The statute of limitations is 3 years.
Colorado
Under Colorado Revised Statutes Section 18-3-104:
- Vehicular manslaughter is a Class 4 felony, punishable by 2 to 6 years in prison and fines up to $500,000.
- The statute of limitations is 3 years.
Connecticut
Under Connecticut General Statutes Section 53a-56b:
- Vehicular manslaughter is considered a Class C felony, punishable by 1 to 10 years in prison and fines up to $10,000.
- The statute of limitations is 5 years.
Delaware
Under Delaware Code Title 11, Section 630:
- Vehicular manslaughter is a Class D felony, with a potential sentence of up to 8 years in prison.
- The statute of limitations is 5 years.
Florida
Under Florida Statutes Section 782.071:
- Vehicular manslaughter is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
- The statute of limitations is 4 years.
Georgia
Under Georgia Code Section 40-6-393:
- Vehicular manslaughter is a felony, with penalties up to 15 years in prison.
- The statute of limitations is 4 years.
Hawaii
Under Hawaii Revised Statutes Section 707-702.5:
- Vehicular manslaughter is a Class B felony, which includes a potential 10-year prison sentence.
- The statute of limitations is 6 years.
Idaho
Under Idaho Code Section 18-4006:
- Vehicular manslaughter is a felony, punishable by up to 10 years in prison and fines up to $15,000.
- The statute of limitations is 5 years.
Illinois
Under Illinois Compiled Statutes 720 ILCS 5/9-3:
- Vehicular manslaughter is a Class 2 felony, with penalties of 3 to 14 years in prison and fines up to $25,000.
- The statute of limitations is 3 years.
Indiana
Under Indiana Code Section 35-42-1-4:
- Vehicular manslaughter is a Level 5 felony, punishable by 1 to 6 years in prison and fines up to $10,000.
- The statute of limitations is 5 years.
Iowa
Under Iowa Code Section 707.6A:
- Vehicular manslaughter is a Class C felony, punishable by up to 10 years in prison.
- The statute of limitations is 5 years.
Kansas
Under Kansas Statutes Section 21-5405:
- Vehicular manslaughter is a severity level 5 person felony, which could result in up to 11 years in prison.
- The statute of limitations is 5 years.
Kentucky
Under Kentucky Revised Statutes Section 507.040:
- Vehicular manslaughter is a Class D felony, punishable by 1 to 5 years in prison.
- The statute of limitations is 5 years.
Louisiana
Under Louisiana Revised Statutes Section 14:32.1:
- Vehicular manslaughter is a felony, punishable by 2 to 30 years in prison and fines up to $15,000.
- The statute of limitations is 6 years.
Maine
Under Maine Revised Statutes Title 17-A, Section 203:
- Vehicular manslaughter is a Class A crime, punishable by up to 30 years in prison and fines up to $50,000.
- The statute of limitations is 6 years.
Maryland
Under Maryland Code, Criminal Law Section 2-209:
- Vehicular manslaughter is a felony, punishable by up to 10 years in prison and fines up to $5,000.
- The statute of limitations is 5 years.
Massachusetts
Under Massachusetts General Laws Chapter 265, Section 13:
- Vehicular manslaughter is punishable by up to 20 years in prison and fines up to $25,000.
- The statute of limitations is 6 years.
Michigan
Under Michigan Compiled Laws Section 750.321:
- Vehicular manslaughter is a felony, with a maximum penalty of 15 years imprisonment.
- The statute of limitations is 6 years.
Minnesota
Under Minnesota Statutes Section 609.21:
- Vehicular manslaughter is a felony, punishable by up to 10 years in prison and fines up to $20,000.
- The statute of limitations is 5 years.
Mississippi
Under Mississippi Code Section 97-3-47:
- Vehicular manslaughter is punishable by up to 20 years in prison, depending on the circumstances.
- The statute of limitations is 5 years.
Missouri
Under Missouri Revised Statutes Section 565.024:
- Vehicular manslaughter is a Class C felony, punishable by 3 to 10 years in prison.
- The statute of limitations is 5 years.
Montana
Under Montana Code Annotated Section 45-5-104:
- Vehicular manslaughter is punishable by up to 20 years in prison, depending on aggravating factors.
- The statute of limitations is 5 years.
Nebraska
Under Nebraska Revised Statutes Section 28-306:
- Vehicular manslaughter is a Class IIA felony, with a penalty of up to 20 years in prison.
- The statute of limitations is 5 years.
Nevada
Under Nevada Revised Statutes Section 484B.550:
- Vehicular manslaughter is punishable by up to 6 years in prison and fines up to $5,000.
- The statute of limitations is 4 years.
New Hampshire
Under New Hampshire Revised Statutes Section 630:2:
- Vehicular manslaughter is a Class B felony, punishable by up to 7 years in prison.
- The statute of limitations is 5 years.
New Jersey
Under New Jersey Statutes Section 2C:11-5:
- Vehicular manslaughter is considered a second-degree crime, with a typical sentence range of 5 to 10 years in prison.
- The statute of limitations is 5 years.
New Mexico
Under New Mexico Statutes Section 66-8-101:
- Vehicular manslaughter is a third-degree felony, punishable by up to 6 years in prison.
- The statute of limitations is 5 years.
New York
Under New York Penal Law Section 125.12:
- Vehicular manslaughter is a Class D felony, punishable by up to 7 years in prison.
- The statute of limitations is 5 years.
North Carolina
Under North Carolina General Statutes Section 14-18:
- Vehicular manslaughter is a Class E felony, punishable by up to 88 months in prison.
- The statute of limitations is 5 years.
North Dakota
Under North Dakota Century Code Section 12.1-16-01:
- Vehicular manslaughter is a Class A felony, with a penalty of up to 20 years in prison.
- The statute of limitations is 5 years.
Ohio
Under Ohio Revised Code Section 2903.06:
- Vehicular manslaughter is a first-degree felony, with penalties including up to 11 years in prison.
- The statute of limitations is 6 years.
Oklahoma
Under Oklahoma Statutes Title 21, Section 711:
- Vehicular manslaughter is punishable by up to life imprisonment, depending on factors like the victim’s age and the presence of aggravating circumstances.
- The statute of limitations is 5 years.
Oregon
Under Oregon Revised Statutes Section 163.125:
- Vehicular manslaughter in the first degree is classified as a Class A felony, which can result in up to 20 years in prison.
- The statute of limitations is 6 years.
Pennsylvania
Under Pennsylvania Consolidated Statutes Title 18, Section 2504:
- Vehicular manslaughter is a second-degree felony, with penalties including a maximum of 10 years in prison.
- The statute of limitations is 5 years.
Rhode Island
Under Rhode Island General Laws Section 31-27-1:
- Vehicular manslaughter can result in up to 30 years in prison.
- The statute of limitations is 5 years.
South Carolina
Under South Carolina Code Section 56-5-2910:
- Vehicular manslaughter is punishable by up to 25 years in prison.
- The statute of limitations is 6 years.
South Dakota
Under South Dakota Codified Laws Section 22-16-20:
- Vehicular manslaughter in the first degree is a Class C felony, punishable by up to life imprisonment.
- The statute of limitations is 5 years.
Tennessee
Under Tennessee Code Annotated Section 39-13-213:
- Vehicular manslaughter carries a sentence of 3 to 15 years in prison, with fines up to $10,000.
- The statute of limitations is 4 years.
Texas
Under Texas Penal Code Section 49.08:
- Vehicular manslaughter is generally a second-degree felony, with increased penalties if the victim is under 14 years of age, potentially leading to 20 years in prison.
- The statute of limitations is 5 years.
Utah
Under Utah Code Section 76-5-205:
- Aggravated vehicular manslaughter is a second-degree felony, with a minimum sentence of 1 to 15 years in prison.
- The statute of limitations is 4 years.
Vermont
Under Vermont Statutes Title 13, Section 2304:
- Aggravated vehicular manslaughter can result in a penalty of up to 15 years in prison, depending on the severity and circumstances.
- The statute of limitations is 5 years.
Virginia
Under Virginia Code Section 18.2-36.1:
- Vehicular manslaughter is a Class 5 felony, with penalties including up to 10 years in prison.
- The statute of limitations is 5 years.
Washington
Under Revised Code of Washington Section 46.61.520:
- Vehicular manslaughter in the first degree is a Class A felony, punishable by up to life in prison or a definite term of years.
- The statute of limitations is 6 years.
West Virginia
Under West Virginia Code Section 61-2-1:
- Vehicular manslaughter in the first degree carries a penalty of 1 to 5 years in prison.
- The statute of limitations is 5 years.
Wisconsin
Under Wisconsin Statutes Section 940.09:
- Vehicular manslaughter can lead to up to 25 years in prison or life imprisonment if the assault results in great bodily harm.
- The statute of limitations is 6 years.
Wyoming
Under Wyoming Statutes Section 6-2-106:
- Vehicular manslaughter is punishable by up to 20 years in prison.
- The statute of limitations is 5 years.