Maryland's Vehicular Homicide and Manslaughter Laws and Penalties

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

Maryland's Vehicular Homicide and Manslaughter Laws

Maryland has four types of vehicular homicide:

• manslaughter by vehicle
• criminally negligent manslaughter by vehicle
• homicide by motor vehicle while under the influence of alcohol, and
• homicide by motor vehicle while impaired by alcohol, drugs, or a controlled substance.

The definitions and penalties for these offenses are described below.

Maryland's Manslaughter by Vehicle Law

Maryland defines manslaughter by vehicle as causing the death of another person while driving in a "grossly negligent" manner. To prove gross negligence, the prosecution must show that the defendant was aware of but consciously disregarded the risk to human life posed by his or her conduct.

Maryland's Criminally Negligent Manslaughter by Vehicle Law

Criminally negligent manslaughter by vehicle—a less serious offense than manslaughter by vehicle—involves killing another person while driving with "criminal negligence." A driver is criminally negligent if he or she should have been but wasn't aware that his or her conduct created a "substantial and unjustifiable risk" to human life.

Maryland's Homicide by Vehicle Laws

The other two types of vehicular homicide are DUI/DWI-related. Under-the-influence-of-alcohol vehicular homicide is where the defendant kills another person while driving with a blood alcohol concentration (BAC) of .08% or more or while "substantially impaired" by alcohol. Impaired vehicular homicide involves causing the death of another while your "normal coordination" is affected by alcohol, drugs, or a controlled substance.

Maryland's Vehicular Homicide and Manslaughter Penalties

The consequences of a vehicular homicide conviction depend on the circumstances. However, the possible penalties for these offenses are described below.

Maryland's Manslaughter by Vehicle Penalties

Manslaughter by vehicle is a felony. A conviction generally carries up to ten years in prison and/or a maximum of $5,000 in fines. But a defendant with a prior vehicular manslaughter or homicide conviction faces up to 15 years in prison and/or a maximum of $10,000 in fines.

Maryland's Criminally Negligent Manslaughter by Vehicle Penalties

Criminally negligent manslaughter by vehicle is a misdemeanor. Convicted motorists are looking at up to three years in jail and/or a maximum of $5,000 in fines. However, a defendant who has a prior vehicular manslaughter or homicide conviction is guilty of a felony and faces up to five years in prison and/or a maximum of $10,000 in fines.

Maryland's Homicide by Motor Vehicle While Under the Influence of Alcohol Penalties

Homicide by motor vehicle while under the influence of alcohol is a felony. First offenders face up to five years in prison and/or a maximum of $5,000 in fines. On a second conviction, the offender is looking at up to ten years in prison and/or a maximum of $10,000 in fines.

Maryland's Homicide by Motor Vehicle While Impaired by Alcohol or Drugs Penalties

Homicide by motor vehicle while impaired by alcohol, drugs, or a controlled substance is a felony. First offenders face up to three years in prison and/or a maximum of $5,000 in fines. On a second conviction, the offender is looking at up to five years in prison and/or a maximum of $10,000 in fines.

Talk to a Maryland Criminal Defense Attorney

Vehicular homicide and manslaughter are serious criminal charges. 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.