Another Look at the Blairsville Driver Arrested for DUI and Vehicular Homicide

Blairsville Police Vehicle

Blairsville, Ga. - A few days ago, as a Georgia DUI Lawyer, I wrote about a young driver who had been arrested for DUI and vehicular homicide in Georgia.

In that particular post, I focused on the law behind the offense of serious injury by vehicle in Georgia. This was a focus because in addition to being accused of causing a fatality in connection to the accident, he was also accused of causing the serious injuries of the driver and one of the other passengers in the vehicle.

In today's post, however, I will focus on the law behind the offense of vehicular homicide. The following is not meant to offend any of my readers because the death of another human being is a terrible thing, but the reality may be that the driver is not necessarily responsible.  If the driver is found to not be responsible for the accident or he was not DUI in Georgia, then he did not commit the offense of Vehicular Homicide. 

For more on the law, see below.

Vehicular Homicide in Georgia

Georgia law O.C.G.A. §40-6-393 outlines the two different degrees of homicide by vehicle.

A person will be charged with homicide by vehicle in the first degree when, 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. 

Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

Misdemeanor-grade vehicular homicide happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year. An example of how this can happen is a death as a result of a speeding violation, failure to maintain lane, or following too closely.  If someone is unfortunately killed as a result of regular traffic offenses, they can be charged with misdemeanor vehicular homicide.

A felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison. 

Moreover, if a person is charged with homicide by vehicle in the first degree and they are a habitual violator and their license has been suspended or revoked, then the punishment will be elevated to a prison term between five and twenty years. 

On top of criminal charges, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family. 

Practice Note

Convictions for vehicular homicide have long-term, lifelong consequences. If you have been arrested, call us now. Your defense starts here.