Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Virginia, vehicular manslaughter, also known as involuntary manslaughter, is addressed under Virginia Code § 18.2-36.1 and § 18.2-36. It is considered a criminal offense when a person unintentionally causes the death of another person as a result of driving under the influence (DUI) or as a result of driving in a reckless or negligent manner. If the vehicular manslaughter is a result of DUI, it is specifically covered under § 18.2-36.1 and is classified as a Class 5 felony, which can result in a prison term of up to 10 years, a fine of up to $2,500, or both. If the death is caused by general reckless driving, it falls under § 18.2-36 and is treated as a Class 6 felony, potentially leading to a prison term of up to 5 years, a fine of up to $2,500, or both. The exact penalties can vary based on the circumstances of the case and the driver's criminal history. Additionally, Virginia law may impose other consequences such as license suspension, mandatory minimum sentences, or the requirement of completing a substance abuse program.