Penalties for Drunk Driving Vehicular Homicide

Victims of drunk driving crashes are given a life sentence. In instances of vehicular homicide

caused by drunk drivers, these offenders rarely receive a life sentence in prison.

Laws vary greatly on the amount of jail or prison time a drunk driver who kills an innocent

person may receive. Most states have laws specifying penalties for drunk drivers who kill

another person. Other states, like North Dakota and Arizona, do not but are able to bring charges

that may bring incarceration through other statutes.

Laws providing penalties for drunk drivers who kill allow for vast judicial discretion. As a

result, offenders may receive days in jail followed by probation or in very rare instances—a life

sentence.

This document covers statutes providing for penalties to be brought against a drunk driver who

kills another person through the operation of a motor vehicle, either intentionally or negligently.

Approximate Jail or Prison Sentences Possible in

Traffic Crash Deaths Caused by a Drunk Driver*

Alabama: 1 to 10 years

Alaska: 1 to 99 years

Arizona: 1 to 22 years

Arkansas: 5 to 20 years

California: 0 to 10 years

Colorado: 0 to 24 years

Connecticut: 1 to 10 years

Delaware: 1 to 5 years

DC: 0 to 30 years

Florida: 0 to 15 years

Georgia: 0 to 15 years

Hawaii: 0 to 10 years

Idaho: 0 to 15 years

Illinois: 1 to 28 years

Indiana: 2 to 20 years

Iowa: 1 to 25 years

Kansas: 0 to 172 months

Kentucky: 0 to 10 years

Louisiana: 3 to 30 years

Maine: 6 months to 10 years

Maryland: 0 to 5 years

Massachusetts: 30 days to 15 years

Michigan: 0 to 20 years

Minnesota: 0 to 10 years

Mississippi: 5 to 25 years

Missouri: 0 to 15 years

Montana: 0 to 30 years

Nebraska: 1 to 50 years

Nevada: 2 to 25 years

New Hampshire: 0 to 15 years

New Jersey: 5 to 10 years

New Mexico: 0 to 6 years

New York: 0 to 15 years

North Carolina: 15 to 480 months

North Dakota: 0 to life

imprisonment

Ohio: 1 to 15 years

Oklahoma: 0 to 1 year

Oregon: 0 to 20 years

Pennsylvania: 0 to 10 years

Rhode Island: 5 to 20 years

South Carolina: 1 to 25 years

South Dakota: 0 to 15 years

Tennessee: 8 to 60 years

Texas: 2 to 20 years

Utah: 0 to 15 years

Vermont: 1 to 15 years

Virginia: 1 to 20 years

Washington: 31 to 177 months

West Virginia: 90 days to 10 years

Wisconsin: 0 to 40 years

Wyoming: 0 to 20 years

*Time is listed as approximate as an offender may be charged with other crimes

which may add on to the sentence.

Alabama

1 to 10 years

Not less than 1 year nor more than 5 years and/or not less than $500 or more than

$2,000.

Criminally Negligent Homicide while driving under the influence: Not less than 1

year & 1 day or more than 10 years and may be fined not more than $15,000.

AL ST § 13A-5-6; AL ST § 13A-5-11; AL ST § 13A-6(a), (c).

Alaska

1 to 99 years

Case Law: Vehicular homicide can be second-degree murder, manslaughter, or

criminally negligent homicide, depending on the degree of the risk created by the

defendant’s conduct and level of awareness of risk.

(AK ST § 11.41.110(a)(2)), (AK ST § 11.41.120(a)), (AK ST § 11.41.130(a)).

Arizona

None

None, but the following may apply:

Negligent Homicide: 1 to 8 years.

Manslaughter: 7 to 21 years.

Second Degree Murder: 10-22 years.

Arkansas

5 to 20 years

Negligent homicide: Class B felony-Not less than 5 years or more than 20 years

and not more than $15,000.

AR ST § 5-4-40l(a)(3); AR ST § 5-4-201(a)(1).

California

0 to 10 years

Gross Vehicular Manslaughter While Intoxicated: Imprisonment in the state

prison for 4, 6, or 10 years and not more than $10,000.

Vehicular Manslaughter While Intoxicated: Imprisonment in the county jail for

not more than 1 year, or imprisonment in the state prison for 16 months or 2 or 4

years and not more than $10,000.

CA PENAL § 191.5(a), (b); CA PENAL § 672.

Colorado

The range is 0-12 years unless aggravated and then can go up to 24 years.

Vehicular Homicide, in statute is 4-12 years at Department of Corrections with 5

years parole.

Connecticut

1 to 10 years

Class C felony: A person is guilty of manslaughter with a motor vehicle if while

operating a motor vehicle under the influence of intoxicating liquor or any drug or

both, that person causes the death of another person. Not less than 1 year or more

than 10 years and/or a fine not to exceed $10,000.

CT ST § 53a-56b. CT ST § 53a-25; CT ST § 53a-35a; CT ST § 53a-41.

Penalties for Drunk Driving Vehicular Homicide

Delaware

1 to 5 years

First degree: death caused by criminally negligent driving while DWI is a Class E

felony. Not less than 2 years or more than 5 years.

Second degree: death caused by criminally negligent driving or negligent driving

while DWI is a Class F felony. Not less than 1 year or more than 3 years.

DE ST TI 11 § 630A. DE ST TI 11 § 630(a)(2).DE ST TI 11 § 630(b); DE ST TI 11 § 630A(b); DE

ST TI 11 § 4205(b)(5), (6); DE ST TI 11 § 4205(k).

D.C.

0 to 30 years

Manslaughter: Not more than 30 years.

Negligent Homicide: Not more than 5 years and/or a fine of not more than $5,000.

(DC ST § 22-2105 (DC ST § 50-2203.02.)

Florida

0 to 15 years

DUI Manslaughter 2nd degree felony: Not more than 15 years and/or not more

than $10,000.

316.193(3)(c)(3); FL ST § 782.07; FL ST § 782.071. FL ST § 775.082(3)(c); FL ST §

775.083(1)(b).

Georgia

0 to 15 years

Vehicular Homicide in the first degree (felony): Not less than 3 years or more

than 15 years.

Death caused by a Habitual Offender: not less than 5 years or more than 20 years.

Vehicular Homicide in the second degree (misdemeanor): Where the death is

caused “without an intention to do so” and where there is neither reckless driving

nor a DWI offense. Not more than 12 months or more than $1,000.

GA ST § 17-10-3; GA ST § 40-6-393(c). GA ST § 40-6-393(d). GA ST § 40-6-393(a).

Hawaii

0 to 10 years

Negligent Homicide in the first degree: Death caused by negligent vehicle

operation while DWI is a Class B felony. Not more than 10 years and may be

fined not more than $25,000.

Negligent Homicide in the second degree: Death caused by negligent vehicle

operation is a Class C felony. Not more than 5 years and may be fined not more

than $10,000.

Negligent Homicide in the third degree: Death caused by simple negligence is

Misdemeanor. Not more than 1 year or not more than $2,000.

HI ST § 706-640; HI ST § 706-660; HI ST § 706-663; HI ST § 707-702.5; HI ST § 707-703; HI ST

§ 707-704.

Idaho

0 to 15 years

Vehicular Manslaughter: Not more than 15 years and/or not more than $15,000.

ID ST § 18-111; ID ST §18-4006(3)(b).

Penalties for Drunk Driving Vehicular Homicide

Illinois

1 to 28 years

Aggravated DUI resulting in death: Class 2 felony, Not less than 3 years or more

than 14 years (for death of 1 person) or not less than 6 years or more than 28 years

(for death of 2 or more persons) and not more than $25,000. The offender is

required to serve 85% of any term of imprisonment. The court may not sentence

the offender to probation unless the court finds that “extraordinary circumstances”

exist requiring probation.

625 ILCS 5/11-501(d)(1)(F). 625 ILCS 5/11-501(d)(2)(G); 730 ILCS 5/5-9-1.

Indiana

2 to 20 years

First offense with a BAC between .08 to .14: Class C felony, A fixed term of

between 2 years and 8 years (advisory sentence of 4 years) and may be fined not

more than $10,000.

BAC Greater than .15: Class B Felony, A fixed term of between 6 years and 20

years (advisory sentence of 10 years) and may be fined not more than $10,000.

IN ST § 35-50-2-5.IN ST § 35-50-2-6.

Iowa

1 to 25 years

Class B felony: Not more than 25 years.

IA ST § 902.9(2).

Kansas

0 to 172 months

Involuntary Manslaughter while DUI: An unintentional death while DUI, Severity

Level 4 Person Felony. 38-172 months and not more than $300,000.

Vehicle Homicide: Death caused by operation of a vehicle in a manner that causes

unreasonable risk and which constitutes a material deviation from the standard of

care which a reasonable person would observe under the same circumstances

Class A Personal Misdemeanor. Not more than 1 year and not more than $2,500.

KS ST § 21 3405. KS ST § 21-3442. KS ST § 21 4502; KS ST § 21-4704.

Kentucky

0 to 10 years

Manslaughter in the Second Degree: when a person wantonly causes the death of

another person including situations where the death results from the person’s

operation of a motor vehicle-Class C Felony– Not less than 5 years or more than

10 years and may be fined not less than $1,000 or more than $10,000.

Reckless Homicide: when a person, with recklessness causes the death of another

person-Class D Felony – Not less than 1 year or more than 5 years and may be

fined not less than $1,000 or more than $10,000.

KY ST § 507.040; Spring v. Com., 998 S.W.2d 439 (Ky. 1999). KY ST § 507.050; Farmer v.

Com., 6 S.W.3d 144 (Ky.App. 1999).KY ST § 532.060; KY ST § 534.030.

Penalties for Drunk Driving Vehicular Homicide

Louisiana

3 to 30 years

Vehicular Homicide: Not less than 5 years (3 years mand) or more than 30 years

and not less than $2,000 or more than $15,000.

LA R.S. § 14:32.1(B).

Maine

6 months to 10 years

Class B Crime: Not less than 6 months or more than 10 years and not less than

$2,100 or more than $20,000.

ME ST TI 17-A § 211; ME ST TI 17-A § 1252; ME ST TI 17-A § 1301; ME ST TI 29-A § 2411(D-

2).

Maryland

0 to 5 years

Homicide while DUI: Not more than 5 years and/or not more than $5,000.

MD CRIM LAW § 2-503.

Massachusetts

30 days to 15 years

Negligently or recklessly: Not less than 2½ years or more than 15 years (or not

less than 1 year or more than 2½ years in jail or house of correction) and not more

than $5,000. No negligence or recklessness: Not less than 30 days or more than

2½ years and/or not less than $300 or more than $3,000.

MA ST 90 § 24G.

Michigan

0 to 20 years

Not more than 15 years and/or not less than $2,500 or more than $10,000.

If a driver fails to exhibit due care and caution when approaching and passing a

stationary authorized emergency vehicle giving visual signal and causes the death

of a police officer, firefighter or other emergency response personnel, punishment

is: not more than 20 years and/or a fine of not less than $2,500 or more than

$10,000.

MI ST § 257.625(4)(a).

Minnesota

0 to 10 years

Death as a result of operating a motor vehicle is Not more than 10 years and/or

not more than $20,000 for DUI or in a grossly negligent manner

MN ST § 609.21, subd. 1.

Mississippi

5 to 25 years

Not less than 5 years or more than 25 years and may be fined not more than

$10,000.

MS ST § 63-11-30(5); MS ST § 99-19-32.

Missouri

0 to 15 years

Class C felony: with death to any person ––Not more than 7 years and/or not

more than $5,000.

Class B felony: Death to any person not a passenger, to two or more persons, or

while BAC is at least 0.18 ––Not less than 5 years or more than 15 years.

MO ST § 565.024. MO ST § 558.011

Penalties for Drunk Driving Vehicular Homicide

Montana

0 to 30 years

Not more than 30 years and/or not more than $50,000.

MT ST § 45-5-106.

Nebraska

1 to 50 years

Class II felony: if offender has a prior DUI conviction or driving on a revoked

license where DUI was the cause for revocation. Not less than 1 year or more than

50 years. Class III felony: Not less than 1 year or more than 20 years and/or not

more than $25,000.

NE ST § 28-105.

Nevada

2 to 25 years

Vehicular homicide (DUI-death with 3 prior like offenses)-Imprisonment for life

with parole eligibility after 10 years, or a definite term of 25 years.

DUI Death: Not less than 2 years or more than 20 years and not less than $2,000

or more than $5,000.

NV ST § 484.3795; NV ST § 484.37955.

New

Hampshire

0 to 15 years

Negligent Homicide: Class A felony, not more than 15 years and may be fined not

more than $4,000.

NH ST § 630:3. NH ST § 651:2.

New Jersey

5 to 10 years

Crime of the second degree: Not less than 5 years or more than 10 years and/or

not more than $150,000.

NJ ST § 2C:43-3(a)(2); NJ ST § 2C:43 6(a)(2).

New Mexico

0 to 6 years

3rd Degree felony: 6 years and may be fined not more than $5,000.

NM ST § 31-18-15. NM ST § 66-8-101.

New York

0 to 15 years

Vehicular manslaughter in the 2nd degree: Class D felony, not more than 7 years

and/or not more than $5,000.

Vehicular manslaughter in the 1st degree (BAC > 0.18): Class C felony-Not more

than 15 years and/or not more than $15,000.

NY Penal § 125.12. NY Penal § 70.00; NY Penal § 80.00.

Penalties for Drunk Driving Vehicular Homicide

North Carolina

15 months to 480 months

Felony Death by Vehicle: Class E felony, sentence is 15-98 months depending on

the person’s criminal history and aggravating/mitigating factors.

Aggravated Felony Death by Vehicle: Class D felony, sentence is 38-229 months

depending on the person’s criminal history and aggravating/mitigating factors.

Repeat Felony Death by Vehicle Offender: Class B2 felony, sentence is 94-480

months depending on the person’s criminal history and aggravating/mitigating

factors.

NC ST § 15A-1340.17; NC ST § 20-141.4.

North Dakota

None

None, but the following may apply.

Murder: Class AA Felony, a maximum of life imprisonment (without parole)

Manslaughter: Class B Felony, a maximum of 10 years and/or a fine of $10,000;

Negligent Homicide: Class C Felony, a maximum of 5 years and/or a fine of

$5,000.

NDCC § 12.1-32-01.

Ohio

1 to 15 years

Aggravated Vehicular Homicide First offense (2nd degree felony) – 2 to 8 years

and may be fined not more than $15,000; Subsequent offense (1st degree felony)

– 3 to 10 years and may be fined not more than $20,000.

Involuntary Manslaughter: First offense (3rd degree felony) – 1 to 5 years

(mand); Subsequent offense (1st degree felony) – 3 to 10 years (mand).

Aggravated Vehicular Homicide Specification: mandatory prison time if offender

has 3 or more OVI convictions within 6 years, or 2 more felony OVI convictions

– 10 to 15 years.

OH ST § 2929.14; OH ST § 2929.142; OH ST § 2929.18. OH ST § 2903.06(A)(1)(a). OH ST §

2903.04.OH ST § 2929.142.

Oklahoma

0 to 1 year

Negligent Homicide: Not more than 1 year in the county jail and/or not less than

$100 or more than $1,000.

OK ST TI 47 § 11 903.

Oregon

0 to 20 years

First Degree Manslaughter: 10 years.

Second Degree Manslaughter: 75 months.

Criminally Negligent Homicide: Class B felony, Not more than 10 years and/or

not more than $250,000.

Aggravated Vehicular Homicide: subsequent offense is a Class A felony, Not

more than 20 years and/or not more than $375,000.

OR ST § 163.118. OR ST § 163.125. OR ST 163.145.OR ST § 161.605 OR ST § 163.149. OR ST §

161.605; OR ST § 161.625.

Penalties for Drunk Driving Vehicular Homicide

Pennsylvania

0 to 10 years

Homicide by Vehicle While Driving Under the Influence: 2nd Degree Felony,

Not more than 10 years and/or not more than $25,000.

18 Pa.C.S.A. § 1101; 18 Pa.C.S.A. § 1104. 75 Pa.C.S.A. § 3735.

Rhode Island

5 to 20 years

First offense: Not less than 5 years or more than 15 years and not less than $5,000

or more than $10,000.

Second or subsequent offense (within 5 years): Not less than 10 years or more

than 20 years and not less than $10,000 or more than $20,000.

RI ST § 31-27-2.2.

South Carolina

1 to 25 years

Not less than 1 year or more than 25 years and not less than $10,100 or more than

$25,100.

SC ST § 56-5-2945(A)(2).

South Dakota

0 to 15 years

Class 3 felony-Not more than 15 years and a fine of $30,000 may be imposed.

SD ST § 22-16-41.SD ST § 22-6-1

Tennessee

8 to 60 years

Vehicular Homicide: Class B felony, not less than 8 years or more than 30 years

and a fine of not more than $25,000 may be imposed.

Aggravated Vehicle Homicide: Class A felony, not less than 15 years or more

than 60 years and a fine of not more than $50,000 may be imposed.

TN ST § 39 13 218.

Texas

2 to 20 years

Intoxication Manslaughter: Second degree felony, not less than 2 years or more

than 20 years and may be fined not more than $10,000.

TX Penal § 12.33.

Utah

0 to 15 years

Third Degree Felony: Not more than 5 years and/or not more than $5,000.

Second Degree Felony: Not less than 1 year or more than 15 years and/or not

more than $10,000.

UT ST § 76-5-207. UT ST § 76 3 203; UT ST § 76-3-301; UT ST § 76-5-207.

Vermont

1 to 15 years

Not less than 1 year or more than 15 years and/or not more than $10,000.

23 VSA § 1210(e).

Penalties for Drunk Driving Vehicular Homicide

Virginia

1 to 20 years

Involuntary Manslaughter: Not less than 1 year or more than 10 years, or not

more than 12 months and/or not more than $2,500.

Aggravated Involuntary Manslaughter: Not less than 1 year or more than 20

years.

VA ST § 18.2-10; VA ST § 18.2-36.1.

Washington

31 to 177 months

Class A felony: Life Imprisonment and/or not more than $50,000. An offender

may serve 31 to 177 months of actual incarceration.

WA ST § 9A.20.021(1)(a).

West Virginia

90 days to 10 years

DUI Death–Reckless Disregard (felony): Not less than 2 years or more than 10

years and not less than $1,000 or more than $3,000.

DUI Death (misdemeanor): Not less than 90 days or more than 1 year and not less

than $500 or more than $1,000.

WV ST § 17C-5-2(a), (b).

Wisconsin

0 to 40 years

First conviction: Class D felony, not more than 25 years and/or not more than

$100,000.

Subsequent conviction: Class C felony Not more than 40 years and/or not more

than $100,000.

WI ST § 939.50. WI ST § 940.09.

Wyoming

0 to 20 years

Aggravated homicide by vehicle is a felony. Not more than 20 years.

WY ST § 6-2-106

Revised July 2018

Penalties for Drunk Driving Vehicular Homicide