Automobile homicide occurs when a driver is under the influence of drugs and/or alcohol, and negligently causes the death of another individual. The death occurs while the driver operates the motor vehicle.
What Does Negligence Mean in an Automobile Homicide Charge?
Criminal negligence refers to the driver’s actions and knowledge. Utah law assumes the driver ought to be aware of taking an unjustified and substantial risk such that a particular circumstance will occur. This means the driver knew there was an unjustified and substantial risk that a person would be killed if the driver drinks (or uses a substance) and drives.
Isn’t an Automobile Homicide Just a DUI Charge?
No, driving under the influence occurs because the driver’s blood alcohol concentration, or BAC, was above the legal limit. In Utah, the legal limit is .08 percent or higher. An automobile homicide charge can be the result of causing someone’s death.
What is the Penalty for a Vehicular Homicide Charge in Utah?
The charge is a second degree felony. If a driver is convicted of the charge, the prison sentence is anywhere from one to 15 years. If the driver is found guilty of multiple misdemeanor or felonies, the prison sentence could increase.
Can a Criminal Attorney Help Me with My Automobile Homicide Charge?
Yes, a criminal defense attorney will help you build a defense against the vehicular homicide charge. The attorney will also work to get the charge reduced or dropped. Thus, it’s in your best interest to contact a criminal attorney about your automobile homicide case.