Depending on the circumstances, a driver who causes the death of another person while behind the wheel may face vehicular homicide charges.
In Iowa, causing the death of another person while driving can lead to serious felony charges. This article covers Iowa's vehicular homicide laws, including the penalties you'll face for a conviction.
How Does Iowa Define Vehicular Homicide (Homicide by Vehicle)?
In Iowa, a person can be convicted of "homicide by vehicle" (sometimes called "vehicular homicide") for causing the death of another person while:
- driving under the influence of drugs or alcohol in violation of Iowa's OWI (operating while intoxicated) laws
- in violation of Iowa's reckless driving laws
- fleeing from an officer in a vehicle, or
- driving in an illegal drag race.
Below, we describe these in more detail.
How Iowa Defines "Under the Influence"
For purposes of the vehicular homicide statute, "under the influence" means the person:
- has a blood alcohol concentration (BAC) or .08% or more
- has any amount of a controlled substance in the blood, or
- is actually impaired by drugs or alcohol.
You're considered impaired if your judgment is diminished, your emotions are visibly excited, or to any extent, you've lost control of your bodily actions or motions.
How Iowa Defines "Reckless Driving"
Iowa law defines "reckless driving" as operating a vehicle in a manner that indicates a "willful or a wanton disregard for the safety of persons or property." The term "willful" refers to conduct that is intentional or purposeful. And "wanton" generally means the person understood but disregarded the consequences of the conduct.
For purposes of Iowa's vehicular homicide law, proof that a motorist was texting while driving is sufficient to show reckless driving.
Iowa's "Causation" Requirement for Vehicular Homicide Charges
A motorist can't be convicted of vehicular homicide unless there's proof that the motorist's 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.
Iowa's Vehicular Homicide Penalties
The consequences of an Iowa vehicular homicide conviction depend on the circumstances. However, the category of the offense determines the possible range of penalties.
Penalties for Iowa Vehicular Homicides Involving an OWI
An OWI-related vehicular homicide offense is a class B felony. A conviction carries up to 25 years in prison and a six-year license revocation. Convicted motorists must also complete a drinking-and-driving course and may have to complete a substance abuse treatment program.
Penalties for Iowa Vehicular Homicides Involving Recklessness of Fleeing Police
Vehicular homicide involving reckless driving or fleeing from an officer is a class C felony. Convicted drivers are looking at up to ten years in prison and $1,000 to $10,000 in fines.
Penalties for Iowa Vehicular Homicides Involving Drag Racing
Vehicular homicide based on drag racing is a class D felony. A conviction carries up to five years in prison and $750 to $7,000 in fines.
Vehicular Homicide Convictions and License Revocation in Iowa
All drivers convicted of a non-OWI-related vehicular homicide offense are looking at a license revocation of up to one year.
Talk to an Iowa Criminal Defense Attorney
Vehicular homicide is a serious criminal charge that can result in a long prison sentence. If you've been arrested for vehicular homicide—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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