Mississippi's Vehicular Manslaughter and Murder Laws and Penalties

Unlike many other states, Mississippi doesn't have a "vehicular homicide" statute that applies exclusively to driving-related unlawful killings. However, a Mississippi motorist who causes the death of another person while at the wheel can be prosecuted under the state's more general homicide laws. Depending on the circumstances, a fatal accident could result in a manslaughter or murder conviction.

How Does Mississippi Define Vehicular Manslaughter and Vehicular Homicide (Murder)?

In most situations, a vehicular homicide (unlawful killing while driving) will fall into one of three categories: OUI manslaughter, regular manslaughter, or second-degree murder

Mississippi's Vehicular OUI/DUI Manslaughter Law

A motorist who drives while under the influence in violation of the state's OUI (operating under the influence) laws and negligently kills another person can be convicted of OUI manslaughter. For purposes of the OUI manslaughter law, "under the influence" means impaired by drugs or alcohol or having a blood alcohol concentration (BAC) of at least .08%. And a person acts with negligence by failing to use the care that a reasonable person would under like circumstances.

Mississippi's Vehicular Manslaughter Law

A motorist who kills another person while driving with "culpable negligence" can be charged with manslaughter. A person acts with culpable negligence by knowingly doing or failing to do something that creates a substantial risk to the lives of others.

Mississippi's Vehicular Second-Degree Murder Law

A person commits second-degree murder by knowingly engaging in conduct that is "eminently dangerous to others and evincing a depraved heart"—meaning the person consciously does something that's extremely dangerous to others.

The difference between manslaughter and second-degree murder is a matter of degree. And the dividing line isn't always clear. However, in general, second-degree murder requires proof of a more culpable mental state than culpable negligence (the mental state for manslaughter). So theoretically, the more egregious the motorist's driving, the more likely a jury is to convict of murder.

Mississippi's Vehicular Homicide and Manslaughter Penalties

The consequences of a driving-related homicide conviction depend on the circumstances. However, the possible penalties for each type of offense are described below.

Penalties for OUI/DUI Manslaughter in Mississippi

OUI manslaughter is a felony in Mississippi. Convicted motorists face five to 25 years in prison.

Penalties for Standard Vehicular Manslaughter in Mississippi

A manslaughter conviction generally carries at least $500 in fines and up to one year in jail or two to 20 years in prison. So, there's a wide range of penalties for vehicular manslaughter, and the sentence you'll end up with will likely depend greatly on the circumstances of your case.

Penalties for Vehicular Second-Degree Murder Mississippi

Second-degree murder carries 20 years to life in prison.

Talk to a Mississippi Criminal Defense Attorney

Murder and manslaughter are serious criminal charges. If you've been arrested for a driving-related killing—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.