Vehicular homicide is one of the most devastating criminal charges a driver can face in Utah. Unlike typical traffic violations, these cases involve the death of another person, which significantly elevates the seriousness of the offense. Prosecutors often pursue these cases aggressively, especially if alcohol, drugs, or reckless driving were involved.
Even if the death was unintended, Utah law allows for severe penalties, including prison time, large fines, and long-term loss of driving privileges. A conviction can permanently alter a person’s life, reputation, and future opportunities.
Utah Vehicular Homicide Defense Attorney
If you or a loved one has been accused of causing a death while driving, you need immediate legal representation. These cases often involve complex factors, including accident reconstruction, toxicology results, and police testimony.
Susanne Gustin, Attorney at Law, is a skilled Utah criminal defense attorney with decades of experience handling serious felony cases, including homicide and DUI-related charges. She understands the science, the law, and the courtroom strategies necessary to protect your rights.
Call (801) 243-2814 today to schedule a confidential consultation.
Information Center
- Understanding Vehicular Homicide in Utah
- Key Elements a Jury Considers in Vehicular Homicide Cases
- How Vehicular Homicide Differs from Other Homicide Charges
- Penalties for Vehicular Homicide in Utah
- Statute of Limitations for Vehicular Homicide
- Defenses to Vehicular Homicide in Utah
- Frequently Asked Questions
- Additional Resources
Understanding Vehicular Homicide in Utah
Under Utah Code § 76-5-207, vehicular homicide occurs when a person causes the death of another while operating a motor vehicle in a negligent or unlawful manner. The law often overlaps with DUI statutes and reckless driving laws.
Examples include:
- Driving under the influence of alcohol or drugs.
- Texting or distracted driving leading to a fatal accident.
- Excessive speeding or reckless maneuvers causing a crash.
- Violating traffic laws in a way that directly results in another’s death.
Key Elements a Jury Considers in Vehicular Homicide Cases
- Proof of Negligence or Recklessness: Did the driver fail to exercise reasonable care, or act with disregard for safety?
- Cause of Death: Was the driver’s conduct the direct cause of the fatality, or were there other contributing factors?
- Impairment Evidence: If DUI is alleged, jurors evaluate toxicology results, officer testimony, and driving behavior.
- Credibility of Witnesses and Experts: Jurors weigh accident reconstruction experts, eyewitnesses, and medical examiners.
How Vehicular Homicide Differs from Other Homicide Charges
Vehicular homicide is different from murder or manslaughter because:
- Intent: Unlike murder, vehicular homicide does not require intent to kill.
- Negligence-Based: It is often based on negligence, recklessness, or DUI, rather than deliberate violence.
- Driving Context: The crime arises specifically from operating a vehicle, rather than general conduct.
This distinction means penalties may be less severe than murder charges, but still life-altering.
Penalties for Vehicular Homicide in Utah
The penalties for vehicular homicide depend on the circumstances, such as whether alcohol or drugs were involved, and whether the driver acted with reckless disregard for human life.
- Class A Misdemeanor: If the death occurred due to ordinary negligence, punishment may include up to 364 days in jail and fines up to $2,500.
- Third-Degree Felony: If the driver was under the influence of alcohol or drugs, penalties may include up to 5 years in prison and fines up to $5,000.
- Second-Degree Felony: If the driver acted with reckless disregard (such as extreme intoxication or street racing), the penalties increase to 1 to 15 years in prison and fines up to $10,000.
In addition to prison and fines, a conviction can lead to:
- Long-term or permanent driver’s license revocation.
- Mandatory alcohol or drug treatment programs.
- Civil lawsuits from the victim’s family.
- A permanent felony record.
Statute of Limitations for Vehicular Homicide
In Utah, most felony vehicular homicide cases must be prosecuted within 4 years of the incident. However, prosecutors often move quickly, especially in DUI-related deaths, meaning charges are usually filed within weeks or months of the crash.
Defenses to Vehicular Homicide in Utah
Every case is unique, and strong defenses depend on the facts and evidence. Some common defenses include:
- Accident Was Unavoidable: Sometimes, fatal accidents occur due to weather, mechanical failure, or the actions of another driver.
Example: A driver swerves to avoid a deer, causing an accident that tragically kills another driver. - No Impairment Proven: In DUI-related cases, the defense may challenge blood test results or argue that impairment was not the cause of the accident.
Example: A driver tested positive for marijuana days after use, but was not impaired at the time of the crash. - Lack of Recklessness or Negligence: The state must prove negligence or recklessness beyond a reasonable doubt.
Example: If a driver obeyed traffic laws but another driver caused the collision, liability may not apply. - Constitutional Violations: If police unlawfully obtained blood or breath samples, the evidence may be excluded.
Frequently Asked Questions
Is vehicular homicide the same as DUI manslaughter?
Not exactly. DUI manslaughter is one type of vehicular homicide, but the charge can also apply to reckless or negligent driving without alcohol or drugs involved.
Can I face civil lawsuits in addition to criminal charges?
Yes. The victim’s family may file a wrongful death lawsuit, even if you are acquitted in criminal court.
Do I automatically lose my license if charged?
Yes. Utah law allows for immediate license suspension after a DUI-related fatal accident, pending the outcome of the case.
Can vehicular homicide charges be reduced?
In some cases, charges may be reduced to negligent homicide or reckless driving if evidence of impairment or recklessness is weak.
What if the victim was partly at fault?
Shared fault may be a defense in both criminal and civil cases, especially if the victim’s own conduct contributed significantly to the accident.
Additional Resources
Utah Code § 76-5-207 – Automobile Homicide – Official statutory language on vehicular homicide in Utah.
Utah DMV Driver License Division – Information on driver’s license suspensions and reinstatements.
Utah Department of Public Safety – Highway Safety Office – State safety programs and DUI prevention efforts.
Contact a Utah Vehicular Homicide Defense Attorney
Facing a vehicular homicide charge can feel overwhelming, but you do not have to face it alone. An experienced defense attorney can investigate the facts, challenge the evidence, and fight for your future.
Susanne Gustin, Attorney at Law, has defended clients across Utah in serious felony cases, including vehicular homicide. She provides aggressive, compassionate representation tailored to your case.
Call (801) 243-2814 today to schedule a confidential consultation.
