Homicide by Vehicle While Driving Under the Influence
As a Marietta DUI defense attorney, I’ve seen how one mistake behind the wheel can change a person’s life forever. A DUI charge is serious on its own, but when a crash results in someone’s death, prosecutors in Georgia can bring a charge of homicide by vehicle while driving under the influence. This offense carries devastating penalties, and the emotional toll is immense for everyone involved.
Many people charged with this crime have no prior record, no history of reckless behavior, and never imagined facing a felony accusation. Yet, under Georgia law, prosecutors often treat these cases as among the most severe. Understanding how the law defines this offense, what prosecutors must prove, and what defenses are available is essential for anyone accused of this serious crime.
At The Mazloom Law Firm, LLC, I have defended clients across Marietta, Atlanta, and surrounding counties in Georgia who have faced vehicular homicide charges related to DUI. My focus is always to protect constitutional rights, challenge the evidence, and fight for the best possible outcome.
Georgia Law On Homicide By Vehicle While Under The Influence
Under O.C.G.A. § 40-6-393(a), a person commits homicide by vehicle in the first degree when they cause the death of another person through a violation of certain laws, including DUI (O.C.G.A. § 40-6-391). This is considered a felony offense, punishable by three to fifteen years in prison for each death caused.
To secure a conviction, the prosecution must prove:
- The defendant was driving or in control of a moving vehicle.
- The driver was under the influence of alcohol or drugs, or had a blood alcohol concentration (BAC) of 0.08% or higher.
- The intoxication directly caused or contributed to the victim’s death.
Even if the driver did not intend harm, Georgia law does not require intent for this offense; only proof of causation and impairment is required.
The Difference Between First- And Second-Degree Vehicular Homicide
Georgia law distinguishes between first-degree and second-degree vehicular homicide:
- First-degree homicide by vehicle applies when the death occurs as a result of DUI, reckless driving, fleeing police, or other severe traffic violations. This is a felony.
- Second-degree homicide by vehicle (O.C.G.A. § 40-6-393(c)) involves other, less severe traffic violations, such as running a red light or failing to yield. This is a misdemeanor, punishable by up to one year in jail and fines.
Prosecutors often pursue the higher charge if alcohol, drugs, or any sign of reckless behavior is involved. However, with the right defense, it is sometimes possible to have a felony reduced to a misdemeanor.
How Prosecutors Build These Cases
Vehicular homicide cases often involve extensive investigation by law enforcement. The prosecution typically relies on:
- Blood or breath test results to establish intoxication.
- Accident reconstruction reports from the Georgia State Patrol’s Specialized Collision Reconstruction Team (SCRT).
- Witness statements from passengers, other drivers, or first responders.
- Toxicology reports from the Georgia Bureau of Investigation (GBI) Crime Lab.
However, this evidence is not always reliable. Breathalyzers can malfunction, blood samples can be mishandled, and accident reconstruction is often based on assumptions rather than certainties. A skilled defense attorney can challenge these weaknesses in court.
Defenses To Homicide By Vehicle While Driving Under The Influence
Defending against a charge of DUI-related homicide requires a strategic and evidence-based approach. Common defenses include:
- Challenging the DUI evidence – If the arresting officer failed to follow protocol under O.C.G.A. § 40-6-392, test results may be suppressed.
- Questioning causation – The prosecution must prove that intoxication directly caused the death, not another factor such as mechanical failure or the victim’s own conduct.
- Disputing probable cause for arrest – If the initial stop or arrest was unlawful, any evidence obtained afterward can be excluded.
- Presenting medical or expert testimony – Sometimes, medical conditions or fatigue can mimic signs of intoxication.
- Negotiating plea agreements – In some cases, charges may be reduced to reckless driving or second-degree homicide if the evidence is weak.
Every case is unique, and the goal is always to protect the accused from the harshest penalties while working toward the most favorable outcome possible.
The Consequences Of A Conviction
A conviction for homicide by vehicle while under the influence in Georgia can have lifelong consequences. In addition to prison time, individuals face:
- Permanent felony record
- Driver’s license revocation for at least three years
- Loss of employment opportunities
- Civil lawsuits from victims’ families
For many, this charge represents not only a criminal case but also a personal tragedy. That is why it’s vital to have a defense attorney who can handle the legal and emotional complexities of these cases.
The Importance Of Legal Representation
At The Mazloom Law Firm, LLC, I understand that those accused of DUI-related homicide are often in shock and facing intense public scrutiny. My job is to ensure the case is judged by evidence and law, not emotions. I fight to protect clients’ constitutional rights, uncover investigative errors, and build a defense grounded in facts.
From challenging BAC results to cross-examining state experts, my defense strategies are tailored to the specific circumstances of each case. The goal is always to secure reduced charges, alternative sentencing, or, when possible, a full dismissal.
Frequently Asked Questions About Homicide By Vehicle While DUI In Georgia
What Is The Sentence For Homicide By Vehicle While DUI In Georgia?
Under O.C.G.A. § 40-6-393(a), a conviction carries a prison sentence of three to fifteen years for each death. The exact sentence depends on factors like prior offenses, BAC level, and aggravating circumstances.
Can A Person Be Charged With Multiple Counts Of Vehicular Homicide From One Accident?
Yes. If more than one person is killed in a crash, prosecutors can file separate charges for each death, potentially resulting in consecutive prison sentences.
Is Intent Required To Be Convicted Of DUI Vehicular Homicide?
No. This is not an intentional crime. The prosecution only needs to show that the defendant was impaired and that impairment caused the death.
Can A Defendant Be Charged Even If The Other Driver Was Partly At Fault?
Yes. Georgia’s comparative fault laws allow prosecutors to proceed even if another party contributed to the accident, as long as the impaired driver’s actions were a significant cause of death.
What Happens If Blood Or Breath Test Results Are Wrong?
Faulty testing equipment, medical conditions, or procedural errors can lead to false readings. A defense attorney can challenge test accuracy, request retesting, or move to suppress invalid evidence.
Can Charges Be Reduced To A Lesser Offense?
Yes, depending on the strength of the evidence. Some cases can be negotiated down to reckless driving, DUI, or second-degree vehicular homicide.
Does A Conviction Affect A Driver’s License?
Yes. The Georgia Department of Driver Services (DDS) can revoke a license for at least three years following a felony vehicular homicide conviction.
What Role Does The Georgia State Patrol Play In These Investigations?
The SCRT unit conducts detailed crash reconstructions, examining vehicle damage, speed, and road conditions to determine fault. These findings are often used in prosecution—but they can be challenged in court.
Can Someone Charged With Vehicular Homicide Receive Probation?
In some cases, yes. First-time offenders or cases involving mitigating circumstances may qualify for a split sentence or probation after serving a minimum prison term.
Why Should A Defense Attorney Be Contacted Immediately After Arrest?
Evidence like skid marks, surveillance footage, or electronic data can disappear quickly. A defense attorney ensures this information is preserved and can begin developing a strategy before the state builds its case.
Call The Mazloom Law Firm, LLC Today
Being accused of homicide by vehicle while driving under the influence is one of the most serious charges under Georgia law. The consequences are life-changing, and the prosecution will pursue the harshest penalties possible. At The Mazloom Law Firm, LLC, I defend clients with determination, skill, and respect for the human side of every case.
Anyone facing this charge deserves a lawyer who will fight aggressively for justice. To receive a free consultation, call our Marietta DUI defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Offices are located in Marietta and Atlanta, representing clients throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties.
Protecting rights, defending freedom, and fighting for second chances—that is what I do every single day.
