Alleged DUI Results in Vehicular Homicide in Clayton County

According to reports in Clayton County, an unidentified pedestrian was struck and killed by an allegedly drunk driver. 

The driver was arrested at the scene, and police suspected that the driver was under the influence. No further details have been released at this time.

As a Georgia DUI Lawyer, I will outline the offense of vehicular homicide in today's post. 

Vehicular Homicide in Georgia 

The Georgia Code defines vehicular homicide in Georgia by separating it into two degrees. 

First degree vehicular homicide is a felony offense. First degree vehicular homicide is defined by the Georgia Code as:

When a person, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police officer, or leaving the scene of the accident. O.C.G.A. §40-6-393.

The most important factor that differentiates the two degrees of vehicular homicide is that first degree vehicular homicide is when a death results from any of the following specific criminal offenses: 

• DUI in Georgia
• Reckless Driving in Georgia
• Unlawful Passing a School Bus in Georgia
• Fleeing or Attempting to Elude a Police Officer in Georgia
• Hit and Run - Leaving the Scene of an Accident in Georgia

The penalty for a first degree homicide conviction can include up to three to fifteen years in prison. 

Therefore, second degree vehicular homicide is defined as when a death results from any other traffic violation not mentioned in the first degree statute. Second degree vehicular homicide is classified as a misdemeanor. The penalty can include up to 12 months in jail and a fine up to $1,000. 

Practice Note

Vehicular homicide is a very serious offense. If you or a loved one has been arrested for a serious traffic violation in Georgia, contact our offices today. A Georgia DUI Attorney can help you with your case.