Operating a vehicle under the influence of alcohol is not only risky but also carries severe legal consequences, especially when it results in the death of another person. In Ohio, such incidents are prosecuted under the charge of Aggravated Vehicular Homicide.
At Hiltner Trial Lawyers, we understand that facing charges related to aggravated vehicular homicide is a profoundly challenging experience. Our team, led by experienced trial attorney Max Hiltner, is dedicated to providing robust legal defense to individuals accused of serious offenses across Ohio. With a proven track record in criminal defense, we are committed to safeguarding your rights and navigating the complexities of the legal system on your behalf.
In this blog, we’ll cover the legal framework surrounding this offense, particularly focusing on cases involving intoxicated drivers, and outline the associated penalties for aggravated vehicular homicide.
What is Aggravated Vehicular Homicide?
Aggravated Vehicular Homicide is defined under Ohio Revised Code Section 2903.06. According to this statute, an individual can be charged with aggravated vehicular homicide if they cause the death of another person as a proximate result of operating a vehicle under the influence of alcohol or drugs. The law also encompasses deaths resulting from reckless driving or committing a reckless operation offense in a construction zone.
Penalties for Aggravated Vehicular Homicide Involving Drunk Driving in Ohio
The severity of penalties for aggravated vehicular homicide in Ohio varies based on specific circumstances, including the driver’s prior convictions and the status of their driving privileges at the time of the offense.
First-Degree Felony
The offense escalates to a first-degree felony under certain aggravating circumstances, such as:
- Driving Under Suspension or Without a Valid License: If, at the time of the offense, the driver was operating under a suspended or canceled license or without any valid driving privileges.
- Prior Convictions: If the driver has previous convictions for vehicular homicide, vehicular manslaughter, or vehicular assault.
Under these conditions, the penalties are more severe:
- Mandatory Prison Term: A definite term ranging from three to eleven years with the possibility of harsher penalties depending on case-specific factors (prior convictions or the nature of the offense).
- Fines: Up to $20,000.
- Driver’s License Suspension: A mandatory lifetime suspension.
These enhanced penalties aim to deter repeat offenders and those who disregard driving regulations.
Ohio law imposes stricter penalties on habitual offenders. If a driver has three or more convictions for OVI (Operating a Vehicle while Impaired), vehicular homicide, vehicular assault, or involuntary manslaughter by OVI within the past six years, the mandatory prison term can extend up to fifteen years. This provision reflects the state’s commitment to addressing repeat offenses with heightened severity.
How Can a DUI Lawyer in Ohio Help?
Facing a charge of aggravated vehicular homicide is a daunting experience with life-altering consequences. It is crucial for individuals accused of a DUI offense, especially in an aggravated case, to promptly seek legal representation. An experienced attorney can:
- Assess the Evidence: Scrutinize the circumstances surrounding the incident, including the accuracy of blood alcohol concentration (BAC) tests and the legality of traffic stops.
- Explore Defense Strategies: Identify potential defenses, such as questioning the causation between the alleged impairment and the fatality.
Negotiate Plea Bargains: Work towards reducing charges or securing alternative sentencing options when possible.
What Is Liv’s Law?
Ohio continues to refine its laws to enhance road safety and ensure just penalties for offenders. A notable legislative update is House Bill 37, also known as “Liv’s Law,” signed into law by Governor Mike DeWine.
This bill not only increases penalties for individuals convicted of aggravated vehicular homicide who have prior OVI-related offenses but also expands the scope for enhanced charges against repeat offenders. The law also authorizes law enforcement to use oral fluid testing for OVI enforcement, aiming to improve the detection and deterrence of impaired driving.
Given the complexity and severity of an aggravated vehicular homicide case, professional legal guidance is indispensable.
Contact Our Experienced DUI Lawyers at Hiltner Trial Lawyers Today
Aggravated vehicular homicide resulting from drunk driving carries stringent penalties in Ohio, reflecting the state’s dedication to maintaining road safety and administering justice. The legal repercussions include lengthy mandatory prison terms, substantial fines, and permanent revocation of driving privileges.
Our team at Hiltner Trial Lawyers offers experienced representation in cases involving aggravated vehicular homicide and other serious offenses. Our experienced legal team is ready to build a strong defense for your case. Contact us today at 330-475-3164 or visit our website to discuss your legal options!
