What is a Washington state vehicular homicide?
By Diego Vargas | September 5, 2009Under Washington law vehicular homicide is defined by RCW 46.61.520, which states:
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
Is a Washington state vehicular homicide a felony?
Yes! Vehicular homicide is a Class A felony. See section two of RCW 46.61.520 above.
What is the punishment for Washington state vehicular homicide?
The punishment for felonies in Washington is determined by looking at the seriousness level of the offense and the criminal history of the defendant. Vehicular homicide by being under the influence is a level nine offense. Vehicular homicide by driving in a reckless manner is a level eight offense. Vehicular homicide by driving with a disregard for the safety of others is a level seven offense.
A first time offender facing one count of vehicular homicide will be sentenced to as little as fifteen months in prison and up to one hundred seventy one months or more in prison.
In addition, there is a two year loss of license with no possibility of a temporary restricted license, community custody, alcohol/drug evaluation, treatment, fines, assessments and costs. This is a very serious offense which results in the loss of voting rights and the right to possess a firearm. There is also a civil administrative license suspension associated with an arrest for vehicular homicide.
If you, or someone you care about, are facing a Washington vehicular assault charge, or any other Washington criminal traffic offense, contact our experienced Seattle DUI lawyers for help. The initial consultation is FREE.
