Vehicular Homicide in Louisiana: Laws, Penalties, and Defense
Vehicular homicide is a serious offense in Louisiana that can have life-altering consequences. Whether you're a resident or visitor in the New Orleans area, understanding the laws, penalties, and potential defenses related to vehicular homicide is important.
This comprehensive article will walk you through everything you need to know about this grave charge in Louisiana.
Understanding Vehicular Homicide in Louisiana
Vehicular homicide in Louisiana is more than just a tragic accident - it’s a criminal offense that carries severe penalties. But what exactly constitutes vehicular homicide under Louisiana law? A person can be charged with this crime if they are engaged in the operation of or have actual physical control of a vehicle, regardless of their intent to harm, provided certain conditions, such as intoxication, are met.
Definition and Key Elements
Under Louisiana law, vehicular homicide is defined as the killing of a human being caused directly or proximately by an offender engaged in the operation of a motor vehicle, aircraft, watercraft, or other means of conveyance. However, not every fatal accident qualifies as vehicular homicide. The key factor that elevates a tragic accident to a criminal offense is the state of the operator at the time of the incident.
The offense is committed when the operator is:
- Under the influence of alcoholic beverages
- Has an offender's blood alcohol concentration of 0.08% or more
- Under the influence of a controlled dangerous substance
Additionally, the operator can be charged if they are under the influence of any controlled dangerous substance listed in the state's legal schedules.
Let’s break these down further:
Alcohol-Related Vehicular Homicide and Operator's Blood Alcohol Concentration
For a vehicular homicide charge related to alcohol, the operator’s blood alcohol concentration must be 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. Chemical tests administered are used to determine the operator's BAC. This is the legal limit in Louisiana, as it is in most states across the U.S.
The law also applies to cases where the operator knowingly consuming quantities of alcohol that would predictably lead to this level of intoxication, even if their BAC wasn't directly measured at the time of the incident.
Drug-Related Vehicular Homicide Involving Controlled Dangerous Substance
The offense can also be committed if the operator is under the influence of a combination of alcohol and one or more drugs, or if they are under the influence of one or more drugs that are not controlled dangerous substances. Being under the influence of any controlled dangerous substance listed in schedule I, II, III can result in severe legal consequences, including charges of vehicular homicide, if it contributes to causing harm or death while operating a vehicle.
This means that even if you’re taking legally prescribed medications, you could potentially be charged with vehicular homicide if those medications impaired your ability to drive safely. Legal statutes detail that impairment from such controlled dangerous substance, regardless of prescription status, can lead to severe legal consequences for offenses related to vehicular homicide.
Real-World Example
To illustrate how this might play out in real life, consider this scenario:
Brian, a 35-year-old New Orleans resident, goes out for drinks with friends after work. He has four beers over the course of two hours, then decides to drive home because he "feels fine". On his way, he runs a red light and collides with another car, killing the driver. When police arrive on the scene, Brian’s blood alcohol concentration is tested and found to be 0.09%. In this case, Brian could be charged with vehicular homicide due to his BAC being over the legal limit at the time of the fatal accident.
This example underscores the grave consequences that can result from the decision to drive while impaired, even if the impairment seems minor to the driver.
Penalties and Consequences for Vehicular Homicide
The penalties for vehicular homicide in Louisiana are severe and can have long-lasting impacts on an offender’s life. Causing great bodily harm while operating a vehicle under the influence can lead to serious legal charges, emphasizing the severity of the offense even without the intent to kill. Let’s examine the potential consequences in detail.
Fines and Imprisonment
If convicted of vehicular homicide, an offender faces:
- A fine ranging from $2,000 to $15,000
- Imprisonment for no less than five years and no more than thirty years
It's important to note that the first three years of the sentence must be served without the benefit of probation, parole, or suspension of sentence. This means that regardless of the total sentence length, the offender will spend at least three years behind bars.
However, there are circumstances where this minimum can be increased:
- If the offender's BAC was 0.15% or higher, the first five years must be served without benefits.
- If the offender has been previously convicted of certain offenses (like DUI/DWI, vehicular homicide, or vehicular negligent injuring), the first five years must be served without benefits.
License Suspension
In addition to fines and imprisonment, a vehicular homicide conviction also results in license suspension:
- The offender's license will be suspended for one year without the benefit of a hardship license.
- Following their release from prison, the offender's license will be suspended for an additional two years.
This extended period without driving privileges can significantly impact an offender's ability to work and carry out daily activities post-release.
Long-Term Consequences
Beyond the immediate legal penalties, a vehicular homicide conviction can have far-reaching effects on an offender's life:
- Difficulty finding employment, especially in jobs that require driving
- Challenges in securing housing
- Strained personal relationships
- Emotional and psychological trauma from the incident
- Potential civil lawsuits from the victim's family
These long-term consequences underscore the gravity of vehicular homicide charges and the importance of understanding the law.
Defense Strategies and Considerations
Vehicular homicide charges in Louisiana involve a complex legal process. Those facing such charges are entitled to legal representation and a fair trial under the law. The judicial system ensures that all aspects of the case are thoroughly examined, including the circumstances of the incident, the evidence collected, and the rights of all parties involved.
An experienced criminal defense attorney can help navigate the complex legal system and protect your freedoms.
Common Defense Strategies
While each case is unique, some common defense strategies in vehicular homicide cases include:
- Challenging BAC Test Results: The accuracy of blood alcohol tests can sometimes be questioned. Factors like improper test administration or equipment malfunction could lead to inaccurate results.
- Arguing Lack of Causation: In some cases, it may be possible to argue that while the defendant was impaired, their impairment wasn't the cause of the accident.
- Prescription Drug Defense: If the charge is related to prescription drug use, it might be possible to argue that the defendant was taking the medication as prescribed and was unaware of its impairing effects.
- Constitutional Violations: If law enforcement violated the defendant's constitutional rights during the arrest or investigation, it might be possible to have certain evidence suppressed.
- Involuntary Intoxication: In rare cases, a defendant might argue they were involuntarily intoxicated, perhaps by someone spiking their drink.
The Importance of Legal Representation
Navigating a vehicular homicide charge without professional legal help can be incredibly challenging. A skilled criminal defense attorney can:
- Analyze the evidence against you
- Identify potential weaknesses in the prosecution's case
- Negotiate with prosecutors for reduced charges or sentences
- Represent you effectively in court if the case goes to trial
- Ensure your rights are protected throughout the legal process
Remember, the prosecution must prove every element of the crime beyond a reasonable doubt.
Navigating the Complexities of Vehicular Homicide Law
Vehicular homicide in Louisiana is a serious offense with severe consequences. Understanding the laws, penalties, and potential defenses is crucial for anyone facing such charges. While the legal landscape can be complex and intimidating, remember that you have rights and options.
If you or a loved one needs help defending a charge related to a DUI or DWI in New Orleans, don't hesitate to seek professional legal assistance. Contact experienced DWI attorney Lance J. Robinson to discuss your case and explore your options. With the right legal support, you can navigate this challenging situation and work towards the best possible outcome.
