Idaho Traffic Safety Resource Prosecutor

www.TSRP-Idaho.org



Penalties

PENALTIES FOR VEHICULAR MANSLAUGHTER

1. PENALTIES FOR A DUI CONVICTION

2. PENALTIES FOR OPERATING A VESSEL UNDER THE INFLUENCE

3. PENALTIES FOR OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE

4. PENALTIES OF DUI WHILE OPERATING RECREATIONAL VEHICLES

5. PENALTIES FOR VEHICULAR MANSLAUGHTER

6. PENALTIES FOR OTHER ALCOHOL-RELATED OFFENSES

Manslaughter is defined as the unlawful killing of a human being (includes a human embryo or fetus) without malice. Vehicular Manslaughter is a specific type of manslaughter under Idaho Code section 18-4006(3).  Vehicular manslaughter is generally defined as operating a motor vehicle in a way that such operation is a significant contributing cause to the death of a person.  There are 3 types of vehicular manslaughter set forth in the Idaho Code as described below.

Vehicular Manslaughter With Gross Negligence --- I.C. § 18-4006(3)(a)

  • Any person who in the commission of an unlawful act, not amounting to a felony, with gross negligence, causes the death of another in which the operating of a motor vehicle is a significant contributing cause to such death is guilty of a felony.
    • Maximum Penalty:  10 years in Prison and/or $10,000 fine.  License suspended for a time determined by the Court.

Vehicular Manslaughter (DUI & Aggravated DUI) – I.C. § 18-4006(3)(b)

  • Any person who in the commission of a DUI, under Idaho Code section 18-8004, or Aggravated DUI, under Idaho Code section 18-8006, causes the death of another in which the operation is a significant contributing cause to such death is guilty of a felony.
    • Maximum Penalty:  15 years in Prison and/or $15,000 fine.  License suspended for a time determined by the Court.

Vehicular Manslaughter Without Gross Negligence – I.C. 18-4006(3)(c)

  • Any person who in the commission of an unlawful act, not amounting to a felony, without gross negligence, causes the death of another in which the operating of a motor vehicle is a significant contributing cause to such death is guilty of a misdemeanor.
    • Maximum Penalty:  1 year in Jail and/or $2,000 fine.  License suspended for a time determined by the Court.

ADDITIONAL CONSEQUENCES OF VEHICULAR MANSLAUGHTER:

If offender caused the death of a parent or parents of minor children, the offender may be ordered by the Court to pay support for each minor child until the child reaches the age of 18 years.  The amount and payment schedule is established by the child support guidelines and enforced as provided by law.  This child support judgment cannot be paid or indemnified by the proceeds of any liability insurance policy.