A person convicted of vehicular homicide could be sentenced to prison for up to 12 years. The Court could also sentence them to probation.
DEFINITIONS AND ELEMENTS
A person commits the crime of vehicular homicide when he drives recklessly, or under the influence of alcohol or drugs, and kills someone in an accident.
In order to prove that a person committed the offense of vehicular homicide, the prosecution must show:
A person operated a motor vehicle in a reckless manner; and
That person’s reckless conduct caused the death of another person; OR
That person drove a car while under the influence of alcohol or drugs; and
Caused the death of another person; OR
The defendant drove a car while he was impaired by alcohol or drugs; and
His actions led to the death of another person
In short, in order to be charged with vehicular homicide, a person must have killed someone as a result of reckless driving, or after having consumed alcohol or drugs.
EXAMPLES OF VEHICULAR HOMICIDE
Example 1: An electrician gets off of work early and heads to a bar. He has a few beers and decides to drive home. His blood alcohol content is .09. On the way home, he gets into an accident and kills someone.
Example 2: A high school student just got his driver’s license and takes his friends out in his parents’ car for a joyride. He is speeding 60 miles over the limit, running stop signs, and driving on the wrong side of the road. He gets into an accident and one of his passengers dies.
WHO IS AUTHORIZED TO DRAW MY BLOOD?
The only people authorized to draw your blood under this statute are a physician, a registered nurse, an emergency medical service provider or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse.
CAN THE POLICE DRAW MY BLOOD WITHOUT A WARRANT?
The short answer is yes. Under the vehicular homicide statute, if a police officer believes you killed someone while impaired, or under the influence of alcohol or drugs, he can force you to provide a sample of your blood.
The longer answer is, it depends. Under C.R.S. 18-3-106(4)(a), if a police officer believes you killed someone while driving drunk or on drugs, you are required to cooperate when he asks you to provide a blood sample. If you refuse to take the test, the police officer is allowed to forcefully take a sample from you.
CAN THE POLICE DRAW MY BLOOD IF I’M UNCONSCIOUS?
A police officer is required to collect a blood sample of an unconscious driver if he believes they have committed vehicular homicide.
CAN MY REFUSAL TO PROVIDE A BLOOD SAMPLE BE USED AGAINST ME?
The court will allow the prosecutor to introduce your refusal as evidence against you at trial. The prosecutor will argue that you refused because you knew the test would show you were under the influence of alcohol or drugs.
DO I HAVE A RIGHT TO REFUSE TO PROVIDE A BLOOD SAMPLE?
No, the Colorado Supreme Court has ruled that a person being investigated for vehicular homicide-DUI has no right to refuse to provide a sample of his blood. [1]
IS DRIVING UNDER THE INFLUENCE A LESSER INCLUDED OFFENSE OF VEHICULAR HOMICIDE?
Yes, the Colorado Supreme Court has ruled that driving under the influence is a lesser included offense of vehicular homicide which means a conviction for both charges violates double jeopardy. [2]
WHAT ARE THE PENALTIES FOR VEHICULAR HOMICIDE?
A conviction for vehicular homicide as a result of driving recklessly or being impaired by alcohol or drugs is a class 4 felony. You could be punished by a prison sentence of between 2 to 6 years, or receive a probation sentence.
A person who commits vehicular homicide as a result of being under the influence of alcohol or drugs, he could be convicted of a class 3 felony and could be sentenced to prison for between 4 to 12 years. Although unlikely, he could also receive a probation sentence instead of a prison sentence.
STATUTORY DEFINITIONS
Driving Under the Influence: a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, or exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Driving While Ability Impaired: driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol or one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle or vehicle.
[2]Reyna-Abarca v. People, 390 P.3d 2017 (Colo. 2017) – A conviction for driving under the influence and vehicular homicide violates the double jeopardy clause of the United States Constitution.
