A motorist who drives recklessly or under the influence of drugs or alcohol and causes the death of another person will likely face vehicular homicide charges.
In Washington, causing the death of another person while driving can lead to vehicular homicide charges under certain circumstances. This article covers how Washington law defines the offense and the possible penalties for a conviction.
Washington's Vehicular Homicide Laws
In Washington, a person can be convicted of vehicular homicide (sometimes called "vehicular manslaughter") for causing the death of another person by operating a vehicle:
- while under the influence of drugs or alcohol in violation of Washington's DUI laws
- in a reckless manner, or
- with disregard for the safety of others.
The penalties for a conviction, which are discussed below, depend on which type of vehicular homicide you're convicted of.
How Washington Law Defines "Under the Influence"
For purposes of the vehicular homicide law, "under the influence" means the motorist:
- is impaired by drugs or alcohol to an extent that the motorist's "ability to drive a motor vehicle is lessened in any appreciable degree"
- has a blood alcohol concentration (BAC) of .08% or greater, or
- has a concentration of five nanograms or more of THC (the primary psychoactive ingredient in marijuana) per milliliter of blood.
In other words, the definition of "under the influence" includes actual impairment and having a certain amount of THC or alcohol in your system.
How Washington Law Defines Recklessness and Disregard
Driving in a "reckless manner" means operating a vehicle in a "rash or heedless manner," with indifference to the consequences. And a motorist drives "with disregard for the safety of others" by knowingly driving in a dangerous manner; in other words, the driver is aware the driving is dangerous but opts to do it anyway.
Proof of Causation for a Washington Vehicular Homicide Conviction
A driver can be convicted of vehicular homicide only if there's proof that the driver was a legal cause of the death. It's not enough to merely show the defendant drove recklessly or under the influence and someone died—there needs to be a direct link between the driving and the death.
Vehicular Homicide Penalties in Washington
Vehicular homicide is a class A felony in Washington. Convicted motorists generally face up to life in prison and/or a maximum of $50,000 in fines.
If a motorist is convicted of vehicular homicide involving driving under the influence, the judge must add two years to the sentence for each of the motorist's prior DUI convictions.
A vehicular homicide conviction also results in a two-year license revocation, starting when the driver gets out of jail.
Talk to a Washington Criminal Defense Attorney
Vehicular homicide is a serious crime in Washington. 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 course of action.
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