Drunk Driving and Vehicular Homicide

Drunk Driving and Vehicular Homicide Addiction Alcohol Use Drunk Driving Print Drunk Driving and Vehicular Homicide By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Updated on January 28, 2020 Getty Images More in Addiction Alcohol Use Drunk Driving Binge Drinking Withdrawal and Relapse Children of Alcoholics Addictive Behaviors Drug Use Nicotine Use Coping and Recovery If a driver is involved in a traffic collision that causes the death of another person, the driver can be charged with homicide just as if they had used a gun to kill the person. The fact that the driver was intoxicated is not a defense in a vehicular homicide case, but in fact, can actually enhance the charges against the driver in most states. The driver can be charged if the person killed is in another vehicle, a pedestrian or even a passenger in his own vehicle. Vehicular homicide charges are not limited to drivers who were intoxicated at the time of the crash. The charge can also be filed if the driver was operating the vehicle in a reckless manner or without regard for the safety of others. In most jurisdictions, penalties for vehicular homicide are greater if the driver was intoxicated. In all states, a blood-alcohol content of 0.08 is considered legally intoxicated. Every state in the U.S. and the District of Columbia have laws providing for penalties for vehicular homicide, but those penalties vary widely from state to state. Additionally, the vehicular homicide laws allow for wide judicial discretion in sentencing. Vehicular Homicide Sentences According to Mothers Against Drunk Driving, the following are approximate sentences in each state for vehicular homicide by drunk drivers: Alabama: 1 to 10 yearsAlaska: 1 to 99 yearsArizona: 1 to 22 yearsArkansas: 5 to 20 yearsCalifornia: 0 to 10 yearsColorado: 0 to 24 yearsConnecticut: 1 to 10 yearsDelaware: 1 to 5 yearsDC: 0 to 30 yearsFlorida: 0 to 15 yearsGeorgia: 0 to 15 yearsHawaii: 0 to 10 yearsIdaho: 0 to 15 yearsIllinois: 1 to 28 yearsIndiana: 2 to 20 yearsIowa: 1 to 25 yearsKansas: 0 to 172 monthsKentucky: 0 to 10 yearsLouisiana: 3 to 30 yearsMaine: 6 months to 10 yearsMaryland: 0 to 5 yearsMassachusetts: 30 days to 15 yearsMichigan: 0 to 20 yearsMinnesota: 0 to 10 yearsMississippi: 5 to 25 yearsMissouri: 0 to 15 yearsMontana: 0 to 30 yearsNebraska: 1 to 50 yearsNevada: 2 to 25 years?New Hampshire: 0 to 15 yearsNew Jersey: 5 to 10 yearsNew Mexico: 0 to 6 yearsNew York: 0 to 15 yearsNorth Carolina: 15 to 480 monthsNorth Dakota: 0 to life imprisonmentOhio: 1 to 15 yearsOklahoma: 0 to 1 yearOregon: 0 to 20 yearsPennsylvania: 0 to 10 yearsRhode Island: 5 to 20 yearsSouth Carolina: 1 to 25 yearsSouth Dakota: 0 to 1 5 yearsTennessee: 8 to 60 yearsTexas: 2 to 20 yearsUtah: 0 to 15 yearsVermont: 1 to 15 yearsVirginia: 1 to 20 yearsWashington: 31 to 177 monthsWest Virginia: 90 days to 10 yearsWisconsin: 0 to 40 yearsWyoming: 0 to 20 years The jail or prison time sentences above do not include any other additional charges the driver may face as a result of the vehicular crash.