New Year’s Day Accident in Georgia Results in DUI and Vehicular Homicide Charges

John Brown, a Clayton County man, is facing serious charges after allegedly causing a New Year's Day vehicle accident. According to reports, Brown was driving with his wife as a passenger when he attempted to get onto I-985 but failed to yield to oncoming vehicles.

This failure to yield caused a four car accident. Brown's wife died in the accident, and Brown is suffering from serious injuries. No one else involved in the accident was seriously injured.

Yesterday, as a Georgia DUI Lawyer, I outlined the offense of vehicular homicide in Georgia. In today's post I will show the correlation between vehicular homicide and DUI in Georgia.

DUI and Vehicular Homicide in Georgia

The Georgia Code defines DUI in Georgia as:

A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. O.C.G.A. § 40-6-391.

In the case I briefly covered above, in order for someone to be charged with vehicular homicide in Georgia, the driver must be committing one of the following offenses:

• DUI in Georgia
• Unlawful Passing of a School Bus in Georgia
• Reckless Driving in Georgia
• Fleeing or Attempting to Elude in Georgia
• Hit and Run in Georgia

Practice Note

Vehicular homicide is the most serious traffic violation that a driver can face in Georgia. Unlike other homicide offenses, no malice or intent is required to be guilty of vehicular homicide.

If you or a loved one has been arrested, contact our offices today. We can discuss the best options for you and your case.