Vehicular Manslaughter: Sentencing, Laws and Penalties

The crime of vehicular manslaughter is a relative newcomer to the list of homicide offenses. Before its appearance, these drivers were charged with manslaughter (unintentionally killing someone as a result of criminal negligence or recklessness). But juries were often reluctant to attach the onus of "manslaughter" to a traffic offense. Vehicular manslaughter addressed this reluctance by typically providing for lesser penalties than manslaughter itself.

What Is Vehicular Manslaughter?

Drivers who unintentionally cause collisions that result in the deaths of passengers, occupants of other cars, or pedestrians may find themselves charged with the crime of vehicular manslaughter. Vehicular manslaughter charges are appropriate when the driver was under the influence of drugs or alcohol, driving recklessly (or merely carelessly), or otherwise driving in an illegal manner.

Each state specifies the circumstances that will support charging this crime. Other names for vehicular manslaughter include vehicular homicide and homicide by vehicle.

Driving That Results in Vehicular Manslaughter Charges

In order to know whether a vehicular manslaughter charge is appropriate when a highway death results from a collision, you'll need to know exactly what kind of driving will trigger such a charge in your state. Here are the typical types of driving that state laws provide for.

Negligent Driving

In many states, ordinary negligence or carelessness on the part of the driver will support a vehicular manslaughter charge. Ordinary negligence is inattention, or driving that lacks the care and prudence that an ordinarily careful person would exercise under the circumstances. For example, a driver who only briefly takes his eyes off of the road while reaching into his car's console can still be charged with vehicular manslaughter if his inattention results in a fatal accident.

Criminal Negligence, Culpable or Gross Negligence, or Reckless Disregard of Others' Safety

In other states, the type of driving necessary to support a charge of vehicular manslaughter must be more egregious than simple negligence (explained above). Criminal, culpable, or gross negligence and reckless disregard for others' safety are common benchmarks. For example, someone who drove at high speed with a high blood alcohol level, failed to heed flashing red lights, traveled on the other side of the road, and failed to apply the brakes is someone whose driving was beyond careless or negligent.

Driving While Intoxicated

Showing that a driver was intoxicated or under the influence of alcohol or drugs is a common way that prosecutors prove negligent or (depending on the state) reckless behavior. Intoxication can be proved by eyewitness testimony, self-incriminating statements, and chemical evidence, including blood, breath, or urine tests.

In most states, prosecutors must show that the driving itself was careless—in other words, mere proof of legal intoxication is insufficient. Florida, however, is a notable exception—in that state, the prosecutor need only show that the defendant's driving caused a death and that the driver was intoxicated. (Fla. Stat. § 316.193 (2024).)

Defendants who have a blood alcohol level of 0.08 or higher are presumed to be driving under the influence. (Some states set lower thresholds for certain classes of drivers, such as underage drivers and drivers of commercial vehicles.) But even if the reading is lower, prosecutors can meet the applicable negligence standard by providing evidence of the driving itself, in conjunction with the ingestion of drugs or alcohol.

Drivers who are under the influence of prescribed drugs may also be charged with vehicular manslaughter when their driving causes a highway death. Consider the driver who takes medicine after being warned by the doctor of its side effects, when the medicine container itself contains obvious warnings not to drive, and when the driver had prior experience with the drug's effects—this driver has acted negligently, at least, and possibly even recklessly.

Violating a Traffic Safety Law or Texting While Driving

Vehicular manslaughter can also be charged when collisions happen after drivers violate a safety statute. For instance, many states require windshields to be clear. When a death results from the driver's inability to see through an obscured windshield, a manslaughter charge may follow. Passing vehicles in violation of "no passing" signs, driving beyond the posted speed limit, and performing illegal U-turns are similar examples.

States also single out specific violations of law that involve important interests. When a death results, vehicular manslaughter charges might result. Under Iowa law, for example, a sober driver can face felony charges if they cause someone's death while trying to flee police or while texting or using a cellphone. Georgia law makes it a felony to cause someone's death while trying to pass a school bus. (Ga. Code § 40-6-393 (2024); Iowa Code § 707.6A (2024).)

Driving While Sleepy or Falling Asleep

Many traffic collisions happen when drivers have fallen asleep at the wheel or are extremely drowsy. But when someone dies as a result, the driver won't necessarily face vehicular manslaughter charges. The question is whether the driver acted negligently (or recklessly, depending on the state's standard) when getting behind the wheel in such a condition. For instance, a manslaughter charge might be appropriate when someone chooses to stay up all night, works all day, and attempts to drive home after being awake for more than 36 hours. Voluntarily putting oneself in a position so that one cannot stay awake and then driving is negligent behavior and possibly even recklessness.

What About the Other Driver?

It's very common for each driver involved in a car accident to share some of the responsibility—perhaps one car was going too fast, but the other car was, too. When blame and damages are sorted out in a civil context—who pays for what—courts often apportion the blame using the theory of "contributory negligence." In other words, when you're partially responsible, you collect less.

In a criminal context, however, contributory negligence is rarely applied in vehicular manslaughter cases. For example, suppose the victim driver had a blood alcohol level above the legal limit, but the defendant instigated a drag racing maneuver that resulted in the victim's death. Most judges would not allow the jury to hear evidence about the deceased's blood alcohol level.

Penalties and Sentencing for Vehicular Manslaughter

Penalties for vehicular manslaughter (both misdemeanors and felonies) differ greatly from state to state. In Alabama, for example, a person convicted of vehicular manslaughter based on DUI faces a maximum of 10 years in prison, while a person in Texas convicted of the same offense faces up to 20 years of incarceration. (Ala. Code § 32-5A-190.1 (2024); Tex. Penal Code § 49.08 (2024).)

Many states recognize different degrees of vehicular manslaughter. Statutes typically authorize more severe punishment for vehicular manslaughter convictions involving intoxicated drivers, as opposed to convictions based on non-DUI traffic offenses. For example, in Georgia, a driver who causes a death while intoxicated can be charged with first-degree vehicular homicide, a felony carrying up to 15 years in prison. But a driver who causes a death while committing a moving traffic offense (such as failure to maintain lane position), is guilty of second-degree vehicular homicide, a misdemeanor carrying a maximum of a year in jail. (Ga. Code § 40-6-393 (2024).)

States may also impose different penalties based on the driver's negligence. For instance, harsher penalties might apply when a driver acts recklessly versus negligently.

Possible Defenses to Vehicular Manslaughter

Common defense strategies in vehicular manslaughter cases include attempts to exclude incriminating evidence, such as test results showing that the defendant was driving with a blood-alcohol level above 0.08. A defense attorney may argue that such evidence should be excluded because it was obtained in violation of the defendant's constitutional rights, or because law enforcement did not comply with procedures established for collecting the evidence.

A defendant may also argue that his intoxication was not the legal cause of the accident resulting in death (not an available defense in Florida, however; see above). Instead, a defendant may argue that an independent intervening event outside of the defendant's control is the cause of the death instead of the defendant's intoxication. For example, in Washington state, a defendant may be acquitted of vehicular homicide where a jury or judge finds that an intervening act caused the death, but the intervening event must not have been reasonably foreseeable. (Wash. Rev. Code § 46.61.520 (2024).)

A defendant may also present evidence that his reckless driving or apparent intoxication is due not to alcohol or drugs but because of a pre-existing medical condition or medical emergency. While evidence of a medical condition can undermine a prosecutor's claim that a defendant was under the influence of intoxicants, a person who chooses to drive despite a known medical condition may still be charged with vehicular homicide if that decision to drive is considered negligent or reckless.

What to Do If Facing Vehicular Homicide Charges

If you're facing charges of vehicular manslaughter, it's important to consult with a lawyer as soon as possible. An experienced criminal defense attorney can evaluate the strengths and weaknesses of the evidence against you, explain possible defenses, and protect your rights.