Vehicular homicide involves careless or reckless driving while the offender is operating or in control of a motor vehicle while under the influence of drugs or alcohol. The penalty for the offense of vehicular homicide increases as the offender’s blood alcohol concentration level increases from 0.08 or more, to .15 or more, to .20 or more percent by weight based upon grams of alcohol per one hundred cubic centimeters of blood. Vehicular Homicide Attorney
An individual must have been driving or otherwise in real control of a motor vehicle when the alleged crime was committed to be convicted of vehicular homicide. This may include any vehicle in Louisiana, including a car, motorhome, motorbike, boat, airplane, or bicycle. In addition, the offender has to have consumed alcohol, a controlled dangerous substance, or knowingly consumed quantities of a lawful drug which substantially exceeded the dosage prescribed by the physician that prescribed it or the dosage recommended by the manufacturer of the drug.
Defining Vehicular Homicide
Vehicular homicide occurs when the killing of a human being is proximately caused, or is directly caused, by an offender engaged in the operation of or in the actual physical control of any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever such condition was a contributing factor to the killing and any of the following conditions exist: Vehicular Homicide Attorney Baton Rouge LA
- The operator is under the influence of alcoholic beverages as determined by chemical tests administered pursuant to applicable law;
- The operator’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
- The operator is under the influence of any controlled dangerous substance listed in Schedule I – V of La. R.S. 40:964.
- The operator is under the influence of alcoholic beverages.
- The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription. However, it is an affirmative defense under this Subsection that the label on the container of the prescription drug, or the manufacturer’s package of the drug, does not contain a warning against combining the medication with alcohol.
- The operator is under the influence of one or more drugs which are not controlled dangerous substances, and which are legally obtainable with or without a prescription, and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.
- The operator’s blood has any detectable amount of any controlled dangerous substance listed in Schedule I, II, III, or IV, or a metabolite of such controlled dangerous substance, that has not been medically ordered or prescribed for the individual.
The Penalties For Vehicular Homicide
Upon conviction of the crime of vehicular homicide, the offender shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned, with or without hard labor, for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment will be imposed without benefit of probation, parole, or suspension of sentence.
However, if the operator’s blood alcohol concentration is 0.15 percent or more, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. Likewise, if the offender was previously convicted or pled guilty to DWI, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court will require the offender to participate in a court-approved substance abuse program. The court may also require the offender to participate in a court-approved driver improvement program.
If the offender’s blood alcohol concentration, at the time of the offense, exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, then the offender will be sentenced as a person convicted of a crime of violence. Finally, notwithstanding other provisions of law, if the offense for which the offender was convicted causes the death of two or more persons, then the offender will be sentenced separately for each victim, and such sentences will run consecutively. For purposes of calculating the number of deaths, a human being includes an unborn child. Vehicular Homicide Attorney Baton Rouge LA
What Every Motorist in Louisiana Should Know About Vehicular Homicide
According to Louisiana law, a motorist may be convicted and punished for vehicular homicide even if they had no desire to injure, harm, or kill the victim. Anyone who kills another person while driving a motor vehicle while intoxicated, or under the influence of alcohol, controlled substances, or, in some circumstances, one or more drugs which are not controlled dangerous substances, and which are legally obtainable with or without a prescription, may be at risk of being charged with vehicular homicide.
An operator of a vehicle that causes a fatal collision may be prosecuted for vehicular homicide if he or she was driving while intoxicated or under the influence of alcohol, a controlled substance, or a combination thereof. This means that drivers who have a blood alcohol content (BAC) reading of 0.08 percent or above and those who are intoxicated due to taking or ingesting a controlled substance may be charged with vehicular homicide.
Further, even though the operator’s blood alcohol content (BAC) may be below 0.08 percent, he or she may still be charged with vehicular homicide in Louisiana if the operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.
Finally, even when the operator’s blood alcohol content (BAC) is 0.00 percent, he or she may still be charged with vehicular homicide in Louisiana if the operator was, at the time of the offense, under the influence of one or more drugs which are not controlled dangerous substances, and which are legally obtainable with or without a prescription, and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug..
Drugs and Vehicular Homicide
In Louisiana, if the operator of a vehicle causes a fatal collision that kills another person, while under the influence of drugs, whether legal or illicit, prescribed or not, they may also be prosecuted with vehicular homicide. The operator may be charged with drug-related vehicular homicide in Louisiana if he or she is impaired by a drug listed on Schedules I – V; or, unless it has been prescribed or is medically necessary, there is any measurable amount of a Schedule I, II, III, or IV controlled substance, or a metabolite thereof, in the operator’s bloodstream, or due to willfully exceeding the approved or prescribed dose of one or more legally attainable prescription or non-prescription medicines, the motorist is impaired by or under the influence of those substances. Finally, if the operator causes a fatal collision while under the combined influence of alcohol and any other legally available substance, whether prescribed or not, vehicular homicide charges may be brought. Vehicular Homicide Attorney Baton Rouge LA
First Degree Negligent Injuring
The elements of first degree vehicular negligent injuring are similar to the elements of vehicular homicide but, instead of resulting in the killing of a human being, the result is the infliction of serious bodily injury upon the person of a human being that is caused by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance. The violation of a statute or ordinance shall be considered only as presumptive evidence of negligence. The penalty for first degree vehicular negligent injuring will be a fine not more than two thousand dollars, or imprisonment with or without hard labor for not more than five years, or both.
Learn More About: Violent Crimes by David E. Stanley, APLC
Violent Crimes
You need an experienced criminal defense lawyer on your side if the accident resulted in the death, or severe injury, to another person if you want to have a chance of avoiding prosecution. In contrast to some other offenses, the absence of intent to kill or injure the victim will not exonerate you from punishment. The prosecution must show that the defendant was intoxicated or under the influence when the accident occurred. To assist you in protecting your rights, David Stanley will carefully review your case to look for procedural flaws and any other available affirmative defenses that may be available to you. Vehicular Homicide Attorney Baton Rouge LA
Frequently Asked Questions:
Is Vehicular Homicide a Felony in Louisiana?
What Happens If More Than One Person is Killed In The Accident?
If the accident for which the offender was convicted of vehicular homicide causes the death of two or more persons, then the offender will be sentenced separately for each victim. Further, the sentence imposed for the death of each victim will run consecutively, which means that the sentences do not run together at the same time. In other words, the first sentence must be completed before the offender begins to serve the second sentence. For purposes of calculating the number of deaths, a human being includes an unborn child. So, if the offender caused the death of a pregnant woman, and they were unable to save the unborn child, the offender would be sentenced separately for the pregnant woman and for the unborn child.
Are There Defenses To A Charge Of Vehicular Homicide in Louisiana?
Consult a Qualified Louisiana Vehicular Homicide Lawyer
A charge of vehicular homicide arises when a person is killed in a car accident and the carelessness, negligence, or disregard for the law of an intoxicated or impaired driver, who was under the influence of alcohol or drugs at the time of the accident, caused or contributed to the fatality. Effectively combating a charge of vehicular homicide calls for a swift response and a thorough and complete investigation of the facts of the accident. If the facts are not investigated immediately, evidence critical to your successful defense may be destroyed, lost, corrupted, or may vanish, and witnesses may forget critical details concerning what actually occurred.
Police are continuing to compile evidence to be used against you, while you are searching to find a knowledgeable and highly skilled criminal defense lawyer. You should not speak to law enforcement agents, or anyone else, before you hire your attorney. If you do, anything that you tell them can and will be used against you. Attorney David E. Stanley takes control of the situation right away. He makes every effort to identify, track down, and interview all witnesses and to locate, and preserve evidence critical to your defense. He will also, if necessary for your defense, identify and retain credible experts to consult with him about your case and, if necessary, to testify on your behalf during your trial. David E. Stanley provides legal guidance regarding how to respond to grand jury subpoenas, civil subpoenas, or dealing with insurance company investigators or adjusters. Vehicular Homicide Attorney Baton Rouge LA
Looking for A Criminal Defense Attorney? David Stanley, APLC is a seasoned and trusted vehicular homicide attorney in Baton Rouge LA who can help and guide you through your legal battle. We serve the following areas:
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David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200