June 27th, 2023
Vehicular Homicide in Louisiana
Vehicular homicide is, in a nutshell, a homicide caused by someone operating a motor vehicle and led to someone’s death when one of these conditions exists and was a contributing factor:
- The operator of the vehicle was under the influence of alcoholic beverages.
- The operator’s blood alcohol concentration was .08% or more by weight based upon grams of alcohol per one hundred centimeters of blood.
- the operator was under the influence of any of the enumerated controlled dangerous substances.
- The operator was under the influence of alcoholic beverages.
- The operator was under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and are legally obtainable with or without a prescription. There is an affirmative defense to any charge that the label on the container does not contain a warning against combining the medication with alcohol.
- The operator is under the influence of a drug that is not a defined controlled dangerous substance; however, consumed quantities of the drug exceed the prescribed dosage by the physician or the manufacturer.
- The operator’s blood has any detectable amount of controlled scheduled drugs.
Penalties for Vehicular homicide
The sentencing range is five to thirty years in prison and up to a $15,000 fine.
If the blood alcohol concentration is 0.15%, there is a minimum of five years of hard labor, without the benefit of probation, parole, or the suspension of sentence, and up to 30 years in prison. If the blood alcohol concentration is over 0.02%, it is considered a crime of violence.
Keep in mind the laws and interpretations are continually changing. The above references laws in effect as of 2023 outlined in LSA R.S. 14:32.1. As rulings come down from different courts and jurisdictions, these rules are apt to change.
If you or someone you know has been arrested or has a question about vehicular homicide, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, Bossier Parish, Shreveport, and Bossier City, Louisiana. And remember, keep calm and let Hillman handle it.