A motorist who drives negligently or while under the influence and causes the death of another person may face vehicular manslaughter charges in Idaho.
In Idaho, causing the death of another person while driving can lead to serious criminal charges. This article explains Idaho's vehicular manslaughter laws and the penalties you'll face for a conviction.
How Does Idaho Define Vehicular Manslaughter?
In Idaho, a motorist can be convicted of "vehicular manslaughter" (sometimes called "vehicular homicide") for causing the death of another person while:
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committing a misdemeanor or infraction and driving in a "negligent" or "grossly negligent" manner, or
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driving under the influence of drugs or alcohol in violation of the state's DUI laws.
A vehicular manslaughter conviction requires proof that the driver's operation of the vehicle was a "significant cause" of the other person's death.
How Idaho Law Defines Negligence and Gross Negligence
The difference between "negligence" and "gross negligence" is a matter of degree. A person acts with negligence by failing to exercise the degree of care that a prudent person would under like circumstances. With gross negligence, the defendant not only fails to exercise reasonable care, but does so to a degree that's substantially greater than would constitute ordinary negligence.
How Idaho Law Defines "Under the Influence"
For purposes of the vehicular manslaughter statute, "under the influence" means the person had a blood alcohol concentration (BAC) of .08% or more or was impaired by drugs or alcohol to an extent so as to influence or affect the person's driving abilities.
Idaho's Vehicular Manslaughter Penalties
The consequences of a vehicular manslaughter conviction depend on the circumstances. However, the possible penalties for the different types of offenses are explained below.
Penalties for DUI-Relate Vehicular Manslaughter in Idaho
A motorist who's convicted of DUI-related vehicular manslaughter faces up to 15 years in prison and/or a maximum of $15,000 in fines.
Penalties for Grossly Negligent Vehicular Manslaughter in Idaho
A motorist who's convicted of vehicular manslaughter based on grossly negligent driving is looking at up to ten years in prison and/or a maximum of $10,000 in fines.
Penalties for Negligent Vehicular Manslaughter in Idaho
A motorist who's convicted of vehicular manslaughter based on negligent driving faces up to one year in jail and/or a maximum of $2,000 in fines.
Child Support and License Revocation for Vehicular Manslaughter Convictions
If a vehicular manslaughter offense leads to the death of the parent of a child, the sentencing judge can order the offender to pay child support until the child reaches age 18. And all vehicular manslaughter offenders face license revocation, either by the court or the Idaho Transportation Department.
Talk to an Idaho Criminal Defense Attorney
Vehicular manslaughter is a serious criminal charge that can result in a long prison sentence. If you've been arrested for vehicular 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.
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