Vehicular Homicide is far and away the most serious operating while intoxicated related offense. Vehicular Homicide is charged when ones actions of operating while intoxicated are the proximate cause of the death of another. The State is required to prove beyond a reasonable doubt that the defendant
committed the offense of operating while intoxicated
by doing so, unintentionally caused the death of another.
As you can see from the basic elements of the offense, pure accidents qualify as Vehicular Homicide so long as the driver can arguably be characterized as intoxicated. There are two significant fighting issues in the average Vehicular Homicide case:
whether the State can prove the individual was operating while intoxicated
if the State can establish the first element, whether the defendants act of being intoxicated was the proximate cause of the individual’s death
Vehicular Homicide carries with it a mandatory term of imprisonment of 25 years. Just like in Serious Injury by Vehicle cases, the judge has absolutely no discretion to take into consideration the defendants prior criminal history or other mitigating circumstances and must send the defendant to prison for 25 years if the defendant is convicted. In addition to the mandatory prison term the defendant is also required to be ordered to pay the victims estate $150,000.00 in restitution. This is a serious offense that must be aggressively defended in order for a defendant to have a chance of avoid a long mandatory prison term.
owi-dui.com can help
OWI-DUI.com represents Iowa's Best Criminal & Drunk Driving attorneys. If you are facing felony vehicle homicide charges, please contact one of our attorneys as soon as possible. Time is critical. Please call 1-877-749-7858 or use the online form.