Ohio's Vehicular Homicide and Manslaughter Laws and Penalties

In Ohio, causing the death of another person while driving can lead to serious criminal charges. This article covers Ohio's vehicular homicide and manslaughter laws and the penalties you'll face for a conviction.

How Does Ohio Define Vehicular Homicide and Vehicular Manslaughter?

Ohio has three types of vehicular homicide: "aggravated vehicular homicide," "vehicular homicide," and "vehicular manslaughter."

Ohio's Aggravated Vehicular Homicide Law

In Ohio, a person can be convicted of aggravated vehicular homicide for causing the death of another person while:

• in violation of the state's OVI/DUI laws
• in violation of the state's boating under the influence (BUI) laws
• driving recklessly, or
• committing a reckless operation offense in a construction zone.

Recklessness is a more culpable mental than negligence. A person acts recklessly when, with heedless indifference to the consequences, disregarding a substantial and unjustifiable risk that the person's conduct is likely to cause or is likely to be of a certain nature.

Ohio's Vehicular Homicide Law

Ohio defines vehicular homicide as causing the death of another person while driving negligently or speeding in a construction zone. Generally, negligence involves the failure of a person, because of a substantial lapse of care, to perceive or avoid a risk that the person's conduct may cause or may be of a certain nature.

Ohio's Vehicular Manslaughter Law

And vehicular manslaughter is where a driver kills another person by committing a traffic violation that is a minor misdemeanor. Speeding and running a stop sign or red light are examples of minor misdemeanors.

Vehicular Homicide and Manslaughter and "Causation"

A driver can be convicted of vehicular homicide or manslaughter only if there's proof that the unlawful driving was a legal cause of the death. In other words, there needs to be a direct link between the defendant's driving and the death.

Ohio's Vehicular Homicide and Vehicular Manslaughter Penalties

The sentencing laws for vehicular homicide and manslaughter are complicated. Here are the possible penalties for each type of violation.

Penalties for Aggravated Vehicular Homicide Involving OVI or BUI Offenses in Ohio

Generally, an aggravated vehicular homicide conviction based on OVI or BUI is a second-degree felony. Convicted defendants face two to eight years in prison, a maximum of $15,000 in fines, and a lifetime license suspension.

Penalties for Aggravated Vehicular Homicide Involving Reckless Driving in Ohio

Generally, an aggravated vehicular homicide conviction based on reckless driving is a third-degree felony. A conviction carries nine months to three years in prison, a maximum of $10,000 in fines, and a three-year to lifetime license suspension.

Penalties for Vehicular Homicide in Ohio

Generally, vehicular homicide is a first-degree misdemeanor. Convicted motorists are looking at up to six months in jail, a maximum of $1,000 in fines, and a one to five-year license suspension.

Penalties for Vehicular Manslaughter in Ohio

Generally, vehicular manslaughter is a second-degree misdemeanor. A conviction carries up to 90 days in jail, a maximum of $750 in fines, and a three-month to two-year license suspension.

Talk to an Ohio Criminal Defense Attorney

Vehicular homicide and manslaughter are serious crimes. If you've been arrested for vehicular homicide or manslaughter—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.