Driving safely is the responsibility of every motorist, and while accidents happen, you’ll want to contact a Salt Lake City vehicular manslaughter attorney immediately if the accident involves the death of:
- A passenger
- An opposing driver
- Bystanders
- Anyone else
Maybe you only had a small amount of alcohol in your body or were texting, and in a split second, an accident occurred.
Life-altering consequences happen fast, and you need an attorney who is willing to go the extra mile to defend your rights and freedoms. You’re potentially facing substantial prison time and a life that looks very different than it did prior to the accident.
At Conyers & Nix, you’re hiring a team of attorneys who worked as public defenders and handled yearly caseloads of 300 felonies and 1200 misdemeanors. We’re honest with our clients – you’ll know what you’re facing – but we’ll never judge you.
During your initial consultation, we’ll listen to the details surrounding the events leading up to the accident and help you understand the best path forward.
Contact us to speak to us about your vehicular manslaughter charges.
What is Vehicular Manslaughter?
Utah Criminal Code §76-5-207 defines vehicular manslaughter as automobile homicide, which occurs when an actor:
- Operates a vehicle negligently or criminally negligently in such a way that it causes the death of another person.
- Negligently operates a vehicle in combination with alcohol or drug use.
- Is incapable of operating the vehicle safely.
Additionally, if you’re using a cell phone or another device at the time of the accident, you’ll also be driving negligently and can be charged with vehicular manslaughter.
Working alongside a dedicated Salt Lake City vehicular manslaughter attorney will give you the best opportunity to beat the charges against you.
In 2023, there were a total of 280 traffic fatalities in Utah. Many of these accidents will not involve vehicular manslaughter because they did not involve texting, alcohol use or drug use.
Defendants may be able to prove that they were not under-the-influence, texting, or using narcotics at the time of the accident. We know how to build a solid defense on our clients’ behalf and help them through this serious charge.
What is a “Sufficient” Amount of Alcohol in a Driver’s Body to Warrant a Vehicular Manslaughter Charge?
Utah’s blood or breath alcohol concentration (BAC) differs from many states, which limit BAC to 0.08%. Instead, Utah’s BAC limit is 0.05%, and if you’re at or above this amount and someone dies in an accident that you’re involved in, it may be considered vehicular manslaughter.
Reaching a BAC of 0.05% is easier than most drivers assume. Research shows the following to be true:
- A 170-pound man would need to drink four alcoholic drinks in two hours and on an empty stomach to reach a BAC of 0.05%.
- A 137-pound woman will exceed the limit by drinking three glasses of wine in less than two hours and also on an empty stomach.
The law does allow for some vagueness because every person’s body is different, and they may react differently to certain drugs or alcohol. For example, let’s assume that you had two beers and an illegal substance. You were found to have a combination of substances in your body and are incapable of driving safely as a result.
In this scenario, the amount of alcohol in your body is “sufficient” because it is enough to prevent you from operating a vehicle safely.
Which Substances Are Not a Violation?
If you have alcohol or illicit drugs in your system at the time of the accident, you may be charged with vehicular manslaughter.
However, certain substances are excluded from the law.
Under Utah law, an individual is not guilty of vehicular manslaughter if the controlled substance was:
- 11-nor-9-carboxy-tetrahydrocannabinol (metabolite of marijuana);
- Obtained through a valid prescription or directly from a doctor; or
- Administered as part of medical research.
In these cases, the controlled substance was legally obtained. Controlled substances are listed in Utah Criminal Code §58-37-1. Unless the above points hold true, you cannot use a controlled substance including Schedules I, II, III, IV, or V.
Many substances are within these Schedules, including:
- Meth
- Fentanyl
- Opium
- Codeine
- Dozens and dozens of others
You can review all of the illegal substances on Utah State’s Legislature website.
Is Vehicular Manslaughter A Felony in Utah?
In the state of Utah, vehicular manslaughter is classified as either a third-degree or second-degree felony, depending on the facts and circumstances of the case.
A felony conviction can impact your life in many ways. Along with potential prison time and fines, having a felony on your record can make it more difficult to secure employment and may impact your Constitutional rights. For example, you may lose your right to vote or own a firearm.
What Type of Sentencing Can You Expect for a Vehicular Manslaughter Charge?
If you’re convicted of vehicular manslaughter in Utah, you face severe penalties, which include:
- Up to 15 years in prison
- Fines ranging from $5,000-$10,000
- License revocation for at least one year
When more than one victim is involved, the charges may multiply. Utah law calls for a separate offense for each victim suffering death in the incident.
The sentence you receive will depend on several factors. One of those factors is the level of negligence:
- Simple negligence: A person fails to exercise the same degree of care that a reasonable person would under similar circumstances.
- Criminal negligence: A person fails to exercise reasonable care and their actions pose a significant risk to others.
When vehicular manslaughter involves simple negligence, it’s considered a third-degree felony with penalties of up to five years in prison and $5,000 in fines.
If criminal negligence is involved, the penalties are more severe. You face 1-15 years in prison and up to $10,000 in fines.
Offenses involving DUIs with a prior and subsequent convictions are also considered a second-degree felony.
If you were texting and driving, you may also be charged with a separate offense.
When it comes to sentencing, the judge may take a few things into account, including:
- Your criminal history
- The facts surrounding the case
- Aggravating and mitigating factors
- Other relevant facts
If this is your first offense and you don’t have a criminal history, sentencing may – but not always – be more lenient.
Your attorney may also be able to negotiate a more favorable sentence in exchange for a plea deal. For example, the prosecutor may agree to less time in jail and probation if you accept a plea bargain.
As your Salt Lake City vehicular manslaughter attorney, we’ll help you understand the potential impact of sentencing and fight to minimize the penalties. We’re not afraid to take cases to trial if it’s in our client’s best interest because often, it results in better plea deals.
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Contacting A Salt Lake City Vehicular Manslaughter Attorney Near You
Vehicular manslaughter is a serious crime that comes with severe penalties. Having an experienced Salt Lake City vehicular manslaughter attorney on your side is crucial. A felony conviction is not life-ending, but it can be life-changing.
At Conyers & Nix, we know that criminal charges, like vehicular manslaughter, can leave you feeling overwhelmed and unsure of which steps to take next. We’ll help you find the best course of action and fight for the best possible outcome.
Contact us today to discuss your case.