Vehicular Homicide While Under the Influence

A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of MCA §§ 61-8-401 or 61-8-406.

The standard jury instructions for vehicular homicide while under the influence can be found at instruction MCJI 5-105.

If you were accused of Vehicular Homicide While Under the Influence under MCA § 45-5-106, then contact an experienced DUI attorney in Helena, Montana. Greg Beebe has the experience needed to fight the charges aggressively at every stage of the case in Lewis and Clark County and the surrounding counties in Montana. 


Elements of Vehicular Homicide While Under the Influence

The elements of Vehicular Homicide While Under the Influence, that must be proven beyond all reasonable doubt at trial include:

  1. That the Defendant caused the death of the victim; and
  2. That at the time the Defendant caused the death of the victim, the Defendant was operating a vehicle in violation of MCA § 61-8-401 or MCA § 61-8-406; and
  3. That the Defendant acted negligently.

Elements of vehicular homicide while under the influence also include the lesser offense of DUI as defined in MCA § 61-8-401 or if applicable, MCA § 61-8-406. Also, MCA § 45-5-106(2) provides that vehicular homicide while under the influence is not a lesser included offense of felony murder as provided in MCA § 45-5-102(1)(b). 


Penalties for Vehicular Homicide While Under the Influence 

Under MCA § 45-5-106(3), the crime of vehicular homicide while under the influence is punishable by up to 30 years in prison and a $50,000, or both. The court is not permitted to defer the sentence for vehicular homicide while under the influence.


This article was last updated on Thursday, September 15, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601