Research Memo

6/9/2009

Research Memo

09 RM 017 Date: June 4, 2009

Author: Kelley Shepp, Associate Research Analyst

Re: Driving Under the Influence Laws and Penalties

QUESTION 1. In Wyoming and other states, how many years after a driving under the influence (DUI) conviction does it take for subsequent DUI offenses to be tried as a first offense?

2. What is the criminal status of state DUI laws?

3. What substances do states list under their DUI statutes?

4. What are the sanctions for DUI accidents resulting in serious injury and/or death?

ANSWER [Caveat: The information contained in the tables below has not been independently verified by LSO Research staff] 1. Table 1, below, depicts the time frames used for the inclusion of prior DUI offenses.

2. Table 2, below, outlines the criminal status of DUI laws.

3. Table 3, below, depicts the substances states list under their DUI statutes.

4. Although not all have, many states have implemented penalties specifically targeting DUI accidents involving serious injury or death. Table 4, below, depicts the sanctions states have implemented for DUI accidents resulting in serious injury or death.

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX (307) 777-5466 • EMAIL • [email protected] • WEBSITE http://legisweb.state.wy.us PAGE 2 OF 20

Table 1. Time Frames Used for the Inclusion of Prior DUI Offenses. State Years Alabama 5 Years Alaska 10 Years Arizona 84 Months (7 Years) Arkansas 5 Years California 7 Years Colorado Lifetime Connecticut 10 Years Delaware 5 Years Florida 5 or 10 Years Georgia 5 Years Hawaii 5 Years Idaho 10 Years Illinois 5 Years Indiana 5 Years Iowa 12 Years Kansas All prior DUI convictions and DUI diversions count. Kentucky 5 Years Louisiana 10 Years Maine 10 Years Maryland Not Available Massachusetts 10 Years Michigan 7 Years Minnesota Not Available Mississippi 5 Years Missouri Not Available Montana 5 Years Nebraska 12 Years Nevada 7 Years New Hampshire 10 Years New Jersey 10 Years New Mexico Not Available New York 5 Years Note: A previous alcohol conviction of any type is considered a previous offense. North Carolina 7 Years North Dakota 5 Years for the first 3 offenses, 7 years for 4th and subsequent offenses. Ohio 6 Years Oklahoma 10 Years Oregon 10 Years Pennsylvania Not Available Rhode Island 5 Years Note: Some exceptions for high BAC offenders. South Carolina 10 Years South Dakota 5 Years Tennessee 10 Years Texas Not Available Source: LSO Research staff summary of information provided by the National Conference of State Legislatures (NCSL).

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Table 1. Time Frames Used for the Inclusion of Prior DUI Offenses, Cont’d. State Years Utah 6 Years Vermont Not Available Virginia Not Available Washington 7 Years West Virginia 10 Years Wisconsin Not Available Wyoming 5 Years Source: LSO Research staff summary of information provided by the National Conference of State Legislatures (NCSL).

Table 2. Criminal Status of State Driving Under the Influence Laws. State Criminal Status Alabama 1st, 2nd, and 3rd offenses are misdemeanors. 4th and subsequent offenses within 5 years are a class C felony. Alaska 1st and 2nd offenses are class A misdemeanors. 3rd and subsequent offenses within 10 years are a class C felony. Arizona 1st and 2nd offenses are class 1 misdemeanors. 3rd and subsequent offenses are a class 4 felony. Arkansas 4th and subsequent offenses within 5 years are a felony. California Non-injury DUI offenses are misdemeanors. 4th and subsequent offenses are a felony if the offender is sentenced to incarceration in a state prison. Colorado DUI and impaired offenses are misdemeanors, injury related DUI offenses are class 4 felonies. Connecticut 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within 10 years are felonies. Delaware 1st and 2nd offenses are unclassified misdemeanors, 3rd offense is a class G felony, 4th and subsequent offenses are a class E felony. Florida 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within ten years are a 3rd degree felony. Georgia 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are high and aggravated misdemeanors. Hawaii 1st, 2nd, and 3rd offenses are petty misdemeanors, 4th and subsequent offenses are a class C felony. Idaho 1st and 2nd offenses are misdemeanors, 2nd or subsequent offenses with BAC=.20 is a felony, 3rd and subsequent offenses are felonies, DUI with bodily harm or disfigurement is a felony. Illinois 1st and 2nd offenses are class A misdemeanors, 3rd and subsequent offenses are class 4 felonies. Indiana Illegal per se offense with a BAC of .08 to .15 is a class C misdemeanor; with a BAC of .15 and higher, it is a class A misdemeanor; for subsequent convictions within 5 years, it is a class D felony. Iowa 1st offense is serious misdemeanor, 2nd offense within 12 years is aggravated misdemeanor, 3rd and subsequent offenses are class D felonies. Kansas 1st offense is a class B non-person misdemeanor, 2nd offense is a class A non-person misdemeanor, 3rd and subsequent offenses are non-person felonies. Kentucky 1st offense is a class B misdemeanor, 2nd offense within 5 years is a class A misdemeanor, 3rd offense within 5 years with a BAC under .18 is a class A misdemeanor, 3rd offense with a BAC of .18 or higher is a class D felony, 4th and subsequent offenses are class D felonies. Source: LSO Research staff summary of information provided by NCSL.

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Table 2. Criminal Status of State Driving Under the Influence Laws, Cont’d. State Criminal Status Louisiana 1st and 2nd offenses not classified, 3rd offense can be either a misdemeanor or a felony, 4th and subsequent offenses are felonies. Maine 1st and 2nd offenses are class D crime, 3rd and subsequent offenses are class C crime. Maryland All DUI offenses are misdemeanors. Massachusetts 1st and 2nd offenses are unclassified, 3rd and subsequent offenses are felonies. Michigan 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within 10 years are felonies. Minnesota ∗ Fourth degree drunk driving offense- no aggravating factors, misdemeanor; ∗ Third degree drunk driving offense- one aggravating factor, gross misdemeanor; ∗ Second degree drunk driving offense- driving offense with two aggravating factors, gross misdemeanor; ∗ First Degree drunk driving offense- a drunk driving offense with three or more aggravating factors, felony. Aggravating factors: ∗ Any prior drunk driving offense including prior refusal convictions and admin. per se violations and vehicle homicide or injury offenses; ∗ Driving with an alcohol concentration > 0.20; ∗ Driving with a passenger < 16 years old if the passenger is more than 36 months younger than the driver. Mississippi 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies. Missouri 1st intoxication offense is a class B misdemeanor, 1st per se offense is a class C misdemeanor, 2nd offenses are class A misdemeanors, 3rd and subsequent offenses are class D felonies. Montana 1st, 2nd, and 3rd offenses are misdemeanors, 4th and subsequent offenses are felonies. Nebraska 1st and 2nd offenses and 3rd offenses within 12 years are class W misdemeanors; 4th and subsequent offenses within 12 years are class IV felonies; injury related DUI offenses are class III A felonies. Nevada 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are category B felonies. New Hampshire 1st offense is a class B misdemeanor. 2nd and 3rd non-injury DUI offenses are class A misdemeanors, 4th and subsequent non-injury DUI offenses are felonies, and DUI offenses with serious bodily injury are a class B felony. New Jersey Drunk driving is a violation, not a “crime”. New Mexico 4th offense is a 4th degree felony (fewer offenses are not classified). New York Driving while ability impaired offenses: ∗ 1st offense is a traffic infraction; ∗ 2nd and subsequent offenses are misdemeanors. Driving with intoxicated offenses: ∗ 1st offense is a misdemeanor; ∗ 2nd offense within 10 years is a class E felony; ∗ 3rd offense within 10 years is a class D felony. North Carolina 4th and subsequent offenses are a class F felony, fewer offenses are classified as levels 1-5, based upon length of sentence. North Dakota 1st and 2nd offenses are class B misdemeanors, 3rd and 4th offenses are class A misdemeanors, 5th and subsequent offenses are class C felonies. Ohio 1st and 2nd offenses are 1st degree misdemeanors, 3rd offense is a misdemeanor, 4th offense within 6 years is a 4th degree felony, subsequent offenses within any time period are third degree felonies. Oklahoma 1st offense is a misdemeanor, 2nd and subsequent offenses within 10 years are felonies. Oregon 1st, 2nd, and 3rd offenses are class A misdemeanors, 4th and subsequent offenses are class C felonies. Pennsylvania 1st or 2nd offenses are 2nd degree misdemeanors, 3rd and subsequent offenses are 1st degree misdemeanors. Source: LSO Research staff summary of information provided by NCSL.

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Table 2. Criminal Status of State Driving Under the Influence Laws, Cont’d. State Criminal Status Rhode Island Non-injury DUI offenses are misdemeanors, DUI with serious bodily injury is a felony. South Carolina 1st offense is a misdemeanor, 2nd offense within 10 years is a class C misdemeanor, 3rd offense within 5 years is a class 6 felony, 4th and subsequent offenses within 10 years are class F felonies. South Dakota 1st and 2nd offenses within 5 years are class 1 misdemeanors, 3rd offense within 5 years is a class 6 felony, 4th and subsequent offenses within 5 years are class 5 felonies. Tennessee 1st, 2nd and 3rd offenses are class A misdemeanors, 4th and subsequent offenses within 10 years are a class E felony. Texas 1st offense is a class B misdemeanor, 2nd offense within 10 years is a class A misdemeanor, subsequent offenses are 3rd degree felonies. Utah 1st and 2nd offenses within six years are class B misdemeanors, 3rd and subsequent offenses within 10 years are 3rd degree felonies. Vermont 1st and 2nd offenses are misdemenors, 3rd and subsequent offenses are felonies. Virginia 1st and 2nd offenses within 10 years are class 1 misdemeanors, 3rd offense within 10 years is a class 6 felony. Washington All DUI offenses are gross misdemeanors. West Virginia 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies. Wisconsin 1st offense is a municipal offense; the 2nd through 4th offenses are misdemeanors, 5th and subsequent offenses are a class H felony. Wyoming Non-injury DUI offenses are misdemeanors, 1st injury-related DUI offense is a misdemeanor, 4th and subsequent offenses within 5 years are felonies. Source: LSO Research staff summary of information provided by NCSL.

Table 3. Substances Listed Under DUI Statutes. State Definition Statute Alabama Under the influence of alcohol or under the influence of (1) Code of Alabama §32-5A-191(a)(3), (4) any substance, (2) a controlled substance or and (5) (3) alcohol and a controlled substance. Alaska Under the influence of an alcoholic beverage or under the Alaska Statutes §28.35.030(a)(l) and (3) influence of (1) any controlled substance or (2) an alcohol beverage, intoxicating liquor, an inhalant, and a controlled substance. Arizona Under the influence of intoxicating liquor or under the Arizona Revised Statutes Annotated influence of (1) any drug, a vapor-releasing substance §28-1381(A)(1) containing a toxic substance or (2) a combination of liquor, drugs or toxic vapor-releasing substance if the person is impaired to the slightest degree. Arkansas Any intoxicant or controlled substance. Arkansas Code Annotated §5-65-102(1) and 5-65-103(a) California Under the influence of an alcoholic beverage or under the Vehicle Code §§23152 and 23153 influence of (1) any drug or (2) a combination of alcohol and any drug. Colorado Under or impaired by the consumption of alcohol or (1) any Colorado Revised Statutes drug or (2) a combination of alcohol and drugs (applies to §§42-4-1301(1)(a) and both driving under the influence and driving while 42-4-1301(1)(b) impaired). It is an offense for habitual drug users to operate a motor vehicle. The sanctions for this offense are the same §42-4-1301(1)(c) and (7) as for driving while under the influence. Source: LSO Research staff summary of a National Highway Traffic Safety Administration publication.

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Table 3. Substances Listed Under DUI Statutes, Cont’d. State Definition Statute Connecticut Under the influence of intoxicating liquor or under the Connecticut General Statutes influence of (1) any drug or (2) any drug and intoxicating Annotated §14-227a(a) liquor. Delaware Under the influence of alcohol or under the influence of (1) Delaware Code Annotated any drug or (2) a combination of alcohol and any illicit 21 §4177(a)(2) and (3) drug or recreational drug. Persons Under 21 Years Old-Vehicle operation while or after consuming alcoholic liquor. 21 §4177L(a) Florida Under the influence of alcoholic beverages or under the Florida Statutes Annotated influence of a controlled substance or chemical substance §316.193(1)(a) Georgia Under the influence of alcohol or (1) under the influence of Code of Georgia Annotated any drug, (2) under the intentional influence of any glue, §40-6-391(a)(2), (3) and (4) aerosol, or other toxic vapor or (3) under the combined influence of alcohol and/or any of the previous substances. Hawaii Under the influence of alcohol or under the influence of Hawaii Revised Statutes any drug. §291E-61(a)(2) Idaho Under the influence of alcohol or under the influence of (1) Idaho Code any drug, (2) intoxicating substance (3) any narcotic drug, §§18-8004(1)(a) and 18-8004(5) (4) a combination of any drug and alcohol. Illinois Under the influence of alcohol or under the influence of (1) West’s Smith-Hurd Illinois Compiled any drug (2) an intoxicating compound or (3) a Statutes Annotated combination of any drug, intoxicating compound and 625 ILCS 5/11-501(a)(3), (4) and (5) alcohol. Indiana Under the influence of alcohol, a controlled substance, a Burn’s Indiana Statutes Annotated drug other than alcohol or a controlled substance, or a IC 35-48-1-9 and IC9-13-2-86 combination of alcohol, controlled substance or drugs so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties. Iowa Under the influence of an alcoholic beverage or under the Iowa Code Annotated influence of (1) any drug or (2) any combination of drugs §321J.2(1)(a) including an alcoholic beverage. Kansas Under the influence of alcohol or under the influence of (1) Kansas Statutes Annotated any drug or (2) a combination of alcohol and drugs. §8-1567(a)(4) and (5) Kentucky Under the influence of alcohol or under the influence of (1) Kentucky Revised Statutes any substance or (2) a combination of alcohol and any §189A.010(l)(b) ,(c) and (d) substance which may impair one’s driving ability. Louisiana Under the influence of alcoholic beverages or under the West’s Louisiana Statutes Annotated: influence of any drug. Revised Statutes §§14:98(A) and 40:964 Maine Under the influence of intoxicants. Maine Revised Statutes Annotated 29-A MRSA §2411(1) Maryland While under the influence of alcohol or while impaired by Maryland Transportation Code (1) any drug, (2) any combination of drugs, (3) a Tran. §21-902(c)(1) and (d) combination of one or more drugs and alcohol and (4) any controlled dangerous substance. Massachusetts Under the influence of intoxicating liquors or under the Massachusetts General Laws influence of (1) marijuana, narcotic drugs, depressants or Annotated stimulant substances or (2) vapors of glue. Ch. 94C §1 and Ch.90§24(1)(a)(l) Source: LSO Research staff summary of a National Highway Traffic Safety Administration publication.

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Table 3. Substances Listed Under DUI Statutes, Cont’d. State Definition Statute Michigan Under the influence of alcoholic liquor, a controlled Michigan Compiled Laws substance, or a combination of alcoholic liquor and a Annotated controlled substance. §§257.625(1)(a) and (3) Minnesota Under the influence of alcohol or under the influence of (1) a Minnesota Statutes Annotated controlled substance, (2) a listed hazardous substance or (3) a §169A.20, subd. 1(2), (3) and (4) combination of alcohol, a controlled substance or a listed hazardous substance. Mississippi Under the influence of intoxicating liquor or under the Mississippi Code Annotated influence of (1) any substance which has impaired driving §63-11-30(1)(b) and §63-11- ability or (2) any drug or controlled substance the possession 30(1)(d) of which is illegal. Missouri Driving while intoxicated or in a drugged condition under the Vernon’s Annotated Missouri influence of alcohol, a controlled substance, or drug, or any Statutes §577.001.2 and §577.010 combination thereof. Montana Under the influence of alcohol or under the influence of (1) Montana Code Annotated any drug, (2) a dangerous drug or (3) alcohol and any §61-8-401(1)(a), (b), (c) and (d). dangerous or other drug. Nebraska Under the influence of alcoholic liquor or under the influence Revised Statues of Nebraska of any drug. §60-6,196(1)(a) Nevada Under the influence of intoxicating liquor or I. under the Nevada Revised Statutes influence of (1) a controlled substance or (2) a combination of §484.379(1)(a) and (2)(a) and (b) intoxicating liquor and a controlled substance. II. Any person who inhales, ingests, applies or otherwise uses any chemical, poison, organic solvent and any compound or a §484.379(2) (c) combination of these to a degree which renders him incapable of safely driving. New Hampshire Under the influence of intoxicating liquor or under the New Hampshire Revised Statutes influence of (1) any controlled drug and (2) any combination Annotated of intoxicating liquor and controlled drugs. §265-A:2 and 265-82(I)(a) New Jersey Under the influence of intoxicating liquor or under the New Jersey Statutes Annotated influence of (1) a narcotic (2) a hallucinogenic drug or (3) a §39:4-50(a) habit-producing drug. New Mexico Under the influence of intoxicating liquor or under the New Mexico Statutes Annotated influence of any drug. §66-8-102(A) and (B) New York Impaired by the consumption of alcohol or a controlled Vehicle & Traffic Law §§ 114-a & substance or driving while ability impaired by the combined 1192(1) and (4) and Public Health influence of drugs or of alcohol and any drug or drugs. Law § 3306 and § 1192 (4) -A North Carolina Under the influence of any impairing substance or with any North Carolina General Statutes amount of schedule I controlled substance or its metabolites. §§20 – 4.01(14a) and 20-138.1(a)(1) North Dakota Under the influence of intoxicating liquor or under the North Dakota Century Code influence of (1) any drug or substance, (2) any combination of Annotated drugs or substances and (3) combined influence of alcohol and §39-08-01(1)(b), (c) and (d) any drug or substance. Ohio Under the influence of alcohol or under the influence of (1) Ohio Revised Code Annotated drug abuse or (2) a combination of alcohol and a drug of §4511.19(A)(1) abuse. Source: LSO Research staff summary of a National Highway Traffic Safety Administration publication.

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Table 3. Substances Listed Under DUI Statutes, Cont’d. State Definition Statute Oklahoma Under the influence of alcohol or I. under the influence Oklahoma Statutes Annotated of (1) intoxicating substances or (2) a combination of 47 §11-902(A)(2), (3) and (4) these and alcohol. II. Impaired by any other substance. 47 §761(A) III. Persons under 21 years old-under the influence of (1) 47 §6-106.4(A) any other intoxicating substance or (2) a combination of alcohol and any other intoxicating substance. Oregon Under the influence of intoxicating liquor or under the Oregon Revised Statutes influence of (1) a controlled substance (2) an inhalant or §813.010(1)(b) and (c) (3) any combination of intoxicating liquor, an inhalant and a controlled substance. Pennsylvania Driving after imbibing alcohol or utilizing drugs or (1) Pennsylvania Consolidated Statutes any amount of a controlled substance or its metabolite (2) Annotated under the influence of a drug or drugs;(3) or alcohol and 75 Pa. § 3802(a)(1) and (d) a drug or combination of drugs; (4) or of a solvent or noxious substance. Rhode Island Under the influence of intoxicating liquor or under the General Laws of Rhode Island influence of (1) any drug, (2) toluene, (3) any controlled §31-27-2(a) substance or (4) any combination of these substances and intoxicating liquor. South Carolina Under the influence of alcohol or under the influence of Code of Laws of South Carolina (1) any drug, (2) any combination of drugs or substances Annotated or (3) a combination of alcohol and other drugs or §56-5-2930(1), (2) and (3) substances. South Dakota Under the influence of an alcoholic beverage or under the South Dakota Codified Laws influence of (1) any substance, (2) any controlled drug, §32-23-1(2), (3) and (4) (3) marijuana or (4) a combination of these substances and an alcoholic beverage. Tennessee I. Under the influence of (1) any intoxicant, (2) Tennessee Code Annotated marijuana, (3) narcotic drug or (4) drugs producing §55-10-401(a)(1) stimulating effects on the central nervous system. Texas Introduction of alcohol, a controlled substance, a drug, a Penal Code §§49.01(2)(A) and (B) dangerous drug, or a combination or two more of these substances into the body. Utah Under the influence of alcohol or under the influence of Utah Code Annotated (1) any drug or (2) a combination of any drug and §41-6-44(2)(a)(ii) alcohol. Vermont Under the influence of intoxicating liquor or under the Vermont Statutes Annotated influence of (1) any "regulated" drug or (2) a 23 §1201(a)(2) and(3) combination of any "regulated" drug and alcohol. Virginia Under the influence of alcohol or under the influence of Code of Virginia Annotated (1) any drug, (2) any narcotic drug, (3) any self- §18.2-266 (v) §18.2-266. administered intoxicant or drug of whatsoever nature or (4) a combined influence of alcohol and any drug or drugs or (5) any of the following substances (a) .02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) .01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood. Source: LSO Research staff summary of a National Highway Traffic Safety Administration publication.

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Table 3. Substances Listed Under DUI Statutes, Cont’d. State Definition Statute Washington Under the influence or affected by intoxicating liquor or Revised Code of Washington Annotated under the influence of or affected by (1) any drug or (2) a §46.61.502(1)(b) and (c) and combination of intoxicating liquor and any drug. §46.61.504(1)(b) and (c) West Virginia Under the influence of alcohol or under the influence of (1) West Virginia Code any drug, (2) controlled substance or (3) a combination of §17C-5-2 alcohol and any other controlled substance or any other drug. Wisconsin Under the influence of (1) any drug, (2) an intoxicant, (3) a Wisconsin Statutes Annotated controlled substance, (4) a combination of an intoxicant §346.63(1)(a) and (2)(a)(1), 45.01(10) and and a controlled substance or (5) a combination of an §885.235(5)(b) and (c) intoxicant and any other drug. Wyoming Under the influence of alcohol or under the influence of (1) Wyoming Statutes Annotated a controlled substance or (2) a combination of alcohol and §31-5-233(b)(ii)(A), (B) and (C) any controlled substance. Source: LSO Research staff summary of a National Highway Traffic Safety Administration publication.

Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death. State Statutory Citation Description of Penalty Alabama § 13A-6-20 Serious bodily injury: Driving under the influence that results in the serious bodily injury § 13A-5-6(a)(2) of another person is assault in the first degree, which is a Class B felony. These felonies are punishable by incarceration of no more than 20 years and no less than two years. § 32-5A-192 Homicide by Vehicle/Vessel: If a person unlawfully or unintentionally causes the death of another person as a result of violating a state or local ordinance that applies to the operation of a vehicle, that person is guilty of homicide if he/she caused the deceased’s death. If convicted, the person shall be fined no less than $500 and no more than $2,000, and shall be imprisoned no more than five years. § 13A-6-4 Criminally Negligent Homicide: A person commits the crime of criminally negligent homicide by causing the death of another through criminally negligent conduct. If the death is caused while operating a motor vehicle the punishment is increased to a Class C felony, which is punishable by a prison term of no more than 10 years or less than one year and one day. Alaska §11.41.110(a)(2), Homicide by Vehicle: Vehicular homicide can be second-degree murder, manslaughter, or 11.41.120(a), and criminally negligent homicide, depending on the facts surrounding the death. 11.41.130(a) Arizona N/A State does not have a vehicle homicide statute. Arkansas §27-50-307 and §5- Negligent Homicide: If a death occurs as a result of a person's reckless or wanton 10-105 disregard for other's safety, the person is guilty of negligent homicide, which is a Class A misdemeanor or Class C felony. A Class A misdemeanor is punishable by no more than one year in prison and no more than a $1,000 fine. A Class C felony is punishable by no less than three years and no more than 10 years in prison and no more than a $10,000 fine. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty California California Vehicle Serious Bodily Injury: It is unlawful for a person who is under the influence of alcohol Code §23152 et or drugs, or who has a blood alcohol content of 0.08 or higher to drive a vehicle and do seq. and §23536 et an act forbidden by law, or neglect a duty imposed by law, which act or neglect seq. proximately causes the bodily injury of another. If the first offense occurred without bodily injury to another person, the violation is punishable by imprisonment for no more than 96 hours, of which 48 must be continuous, and a fine of no less than $390, and no more than $1,000. If the violation is the second within 10 years or results in bodily injury, then the violation is punishable by no less than 90 days, and no more than one year in jail, and a fine of no less than $390, and no more than $1,000. Cal. Penal Code §§17, Homicide by Vehicle: Gross vehicular manslaughter requires the driving of a vehicle 191.5, 192(c), and 193 while intoxicated, and the death of another was the proximate cause of driving while intoxicated, but does not amount to a felony, and with gross negligence. A person also can be convicted if their act might have produced death, with gross negligence. Gross vehicular manslaughter is punishable by four, six, or 10 years in state prison. Vehicular manslaughter is the same as the description above, but does not require gross negligence, and is punishable by one year in county jail, or 16 months, two or four years in state prison. Second-degree murder can be imposed if the driver acted with implied malice. If the intoxicated driver causes more than one death, an enhanced prison term of one year is added for each victim. Colorado §18-3-205, and 18-1.3- Serious Bodily Injury: If a person operates a vehicle while under the influence of 401 alcohol, drugs, or both, and this conduct is the proximate cause of serious bodily injury to another, the person is guilty of vehicular assault. Violation is a Class 4 felony, which is punishable by imprisonment of no less than two years and no more than six years. Homicide by Vehicle: If a person operates a vehicle while under the influence of §18-3-106(a) alcohol, drugs, or both, and this conduct is the proximate cause of the death of another, the person is guilty of vehicular homicide. Violation is a Class 4 felony, which is punishable by no less than two years and no more than six years of imprisonment. Connecticut §53a-60d, and 53a-35a Serious Bodily Injury: If a person operates a vehicle while under the influence of alcohol, drugs, or both, and causes serious physical injury to another, he/she is guilty of second-degree assault. Violation is a Class D felony, which is punishable by no less than two years and no more than five years of imprisonment. Homicide by Vehicle: • Second degree manslaughter with a motor vehicle: A person is guilty of this offense if he/she caused the death of another while operating a vehicle under the influence of alcohol, drugs, or both. Violation is a Class C felony. • Misconduct with a motor vehicle: A person is guilty of this offense if he/she drives when criminally negligent. Violation is a Class D felony, which is punishable by no less than two years and no more than five years of imprisonment. • Negligent homicide with a vehicle: If a person is guilty of negligent operation of a vehicle and causes the death of another, he/she shall be fined not more than $1000 or imprisoned not more than six months or both. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Delaware 11 §628 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes physical injury to another, he/she is guilty of assault of the second degree. Violation is a Class B felony, which is punishable by no less than two years but no more than 25 years of imprisonment. If the injury is serious, the violation is a Class F felony, which is punishable by up to three years' imprisonment. 11 §§630, 630A. Homicide by Vehicle: • Vehicular homicide in the first degree: If a person operates a vehicle while under the influence of alcohol, drugs, or both, and his criminally negligent conduct causes of the death of another, the person is guilty of vehicular homicide. Violation is a Class E felony, for which the minimum sentence is two years' imprisonment, and the person is not eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of his sentence. • Vehicular homicide in the second degree: If a person operates a vehicle while under the influence of alcohol, drugs, or both, and causes of the death of another, the person is guilty of vehicular homicide. Violation is a Class F felony, which is punishable by no less than one year imprisonment, and the person is not eligible for probation, parole, furlough, work release or supervised custody for the duration of his sentence. Florida §316.193(3)(c)(2) Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes serious physical injury, that is, a physical condition that creates a substantial risk of death, serious physical disfigurement, or protracted loss or impairment of the function of any body part or organ, he/she is guilty of a felony in the third degree. The infraction is punishable by a term of imprisonment not to exceed five years and a fine of $5,000. §316.193(3)(c)(3) Homicide by Vehicle: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, or an unborn viable fetus, he/she commits DUI manslaughter, if, at the time of the accident the person knew or should have known the crash occurred. Punishment is a term of imprisonment not to exceed 15 years, and a term not to exceed 30 years if the person knew or should have known that the crash occurred and failed to render aid to the injured and/or dying person. Georgia §40-6-393 Homicide by Vehicle: • Homicide by vehicle in the first degree: If a person operates a vehicle while under the influence of alcohol, drugs, or both, and causes the death of another person and acts without malice aforethought, he/she shall be punished by a term of imprisonment not to exceed 15 years. If that person is declared a habitual offender and the person's driver's license has been revoked, and, he/she causes the death of another by operating a vehicle while under the influence of alcohol, drugs, or both without malice aforethought, he shall be punished by a term of imprisonment not less than five years and no more than 20 years. • Homicide by vehicle in the second degree: If a person operates a vehicle while under the influence of alcohol, drugs, or both, and causes the death of another person without the intent to do so, he/she shall be punished by a fine not to exceed $1,000 or a prison term not to exceed 12 months. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Hawaii §707-705 Serious Bodily Injury: A person is guilty of negligent injury in the first degree if he/she causes the serious bodily injury of another while operating a vehicle in a negligent manner. The violation is a Class C felony, which is punishable by no more than five years' imprisonment and a fine not to exceed $10,000. If the person causes substantial injury to another through the negligent operation of vehicle, the person is guilty of negligent injury in the second degree. The violation is a misdemeanor, which is punishable by no more than one year imprisonment and a fine of no more than $2,000. §707-702.5 Homicide by Vehicle: • Negligent homicide in the first degree: If a person causes the death of another person because of his negligent operation of a vehicle while under the influence of drugs, he/she shall be punished by no more than 10 years' imprisonment. Idaho §18-8006 Serious Bodily Injury: If a person causes great bodily harm, permanent disability, or permanent disfigurement to a person as a result of operating a vehicle under the influence of alcohol or drugs, he/she is guilty of a felony. The violation is punishable by a term of imprisonment in the state penitentiary not to exceed 15 years, a fine not to exceed $5,000, suspension of driver's license, suspension of driving privileges from one year to five years once released from incarceration, and payment of restitution. If the court decides not to imprison in the state penitentiary, the court shall sentence the defendant to a sentence not to exceed 30 days in a county jail, the first 48 hours of which must be consecutive. §18-4006(3)(b) Homicide by Vehicle: If a person unlawfully causes the death of another person, human embryo or fetus, while operating a vehicle under the influence of alcohol or drugs, he/she is guilty of vehicular manslaughter. The violation is punishable by a fine of $15,000 and a term of imprisonment not to exceed 15 years. Illinois ch. 625 §5/11 Serious Bodily Injury/Homicide by Death: If a person operates a vehicle under the 501(d)(1)(C) influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes great bodily harm or permanent disfigurement to a person he/she commits a Class 2 felony. This is punishable by a term of imprisonment not less than three years and no more than 14 years if the death of another resulted, or a term of imprisonment of not less than six years and not more than 28 years if the violation resulted in the deaths of two or more people. Indiana §9-30-5-4 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes serious bodily injury to another, he/she commits a Class D felony. However, if the person has had a previous intoxication violation in the last five years, the offense is increased to a Class C felony. A Class D felony is punishable by a fixed term of imprisonment of two years, and a Class C felony is punishable by a fixed term of imprisonment of four years. §9-30-5-5 Homicide by Vehicle: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she has committed a Class C felony. However, if the person has had a previous intoxication violation in the last five years, the offense is increased to a Class B felony. A Class C felony is punishable by a fixed term of imprisonment of four years, and a Class B felony is punishable by a fixed term of imprisonment of 10 years. If the person's actions caused the death of an unborn fetus, it is a Class D felony, which is punishable by a fixed term of imprisonment of two years. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Iowa §707.6A Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content and his conduct causes serious bodily injury to another, he/she commits a Class D felony, which is punishable by a term of imprisonment not to exceed five years and a fine no less than $750 and no more than $7,500. Homicide by Vehicle: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his/her conduct causes the death of another person, he/she has committed a Class B felony, which is punishable by a term of imprisonment not to exceed 25 years. Kansas §21-3442, 21-3405 Homicide by Vehicle: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and that person unintentionally causes the death of another, he/she has committed a security level 4 felony, which is punishable by a term of imprisonment no less than 62 months and no more 69 months. Vehicular Homicide: If a person operates a vehicle in a manner that creates an unreasonable risk of injury to another person and a death results, the person has committed a Class A misdemeanor, which is punishable by a term of imprisonment not to exceed one year. Kentucky §507.040 Manslaughter in the Second Degree: A person is guilty of manslaughter in the second degree when he/she wantonly causes the death of another person while operating a vehicle. Louisiana §14:39.1, 14:39.2 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes any bodily injury to the person of another, he/she shall be fined no more than $1,000, be imprisoned for no more than six months, or both. However, if the person causes serious bodily injury while operating a vehicle and under the influence of alcohol or drugs or with a prohibited level of alcohol or drugs, he/she shall be fined no more than $2,000, imprisoned for no more than five years, or both. §14:32.1(A) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she shall be fined no less than $2,000 and no more than $15,000 and shall be imprisoned with or without hard labor for no less than five years and no more than 30 years (three years without probation and five years if the driver's blood alcohol content was greater than 0.15 percent). Maine 17-A MRSA §§1252 Manslaughter Statutes: It is a Class A crime to cause a death by criminal and 1301 negligence or reckless conduct via a motor vehicle. The sanctions for a Class A crime are incarceration for not more than 40 years and/or a fine of not more than $50,000. 29-A MRSA An offender’s license is revoked for five years. (The Maine Criminal Code, 17-A §2454(1) MRSA does not use the terms “misdemeanor” or “felony” to either describe or define crimes.) The law describes the offense of vehicle homicide as a Class A crime without further defining it as either a misdemeanor or a felony. Most states would consider a Class A crime to be a felony. Maryland §3-211 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes a life- threatening injury, he/she is guilty of a misdemeanor and is subject to a term of imprisonment not to exceed two years, a fine not to exceed $3,000, or both. §2-503, 2-504, 2-505, Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or and 2-506 drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she is subject to a term of imprisonment not to exceed five years, or a fine of $5,000, or both. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Massachusetts ch. 90 §24L Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes serious bodily injury, he/she shall be punished by a term of imprisonment of no less than 2.5 years and no more than 10 years, and a fine of no more than $5,000. ch. 265 §13 ½ Manslaughter by Vehicle: If a person commits manslaughter as a result of driving under the influence of alcohol or a controlled substance, he/she shall be punished by a term of imprisonment for not less than five years and not more than 20 years, and by a fine of not more than $25,000. Michigan §257.625(5) Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes serious impairment of a bodily function of another person, he/she is subject to a term of imprisonment of not more than five years or a fine of not less than $1,000or more than $5,000, or both. §257.625(4) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500or more than $10,000, or both. Minnesota §609.21(1b) and (1c) Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes great bodily harm or great bodily harm to an unborn child he/she may be sentenced to a term of imprisonment of not less than five years and a fine of no more than $10,000, or both. If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes substantial bodily harm he/she may be sentenced to a term of imprisonment of no more than three years and a fine of no more than $10,000, or both. 609.21(1a), and (1d) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person or an unborn child, he/she may be sentenced to a term of imprisonment of no more than 10 years, and a fine of no more than $20,000, or both. Mississippi §63-11-30(5) Death via DWI and Negligence: If a person operates a vehicle under the influence of alcohol or drugs, and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another, he/she shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. No mandatory minimum statute. Missouri §558.011, and Serious Bodily Injury: A person who injures another while driving either while 565.060 intoxicated or illegal per se, commits assault in the second degree that is a Class C felony. The sanctions for this offense are imprisonment for not more than seven years and a fine of not more than $5,000. Involuntary Manslaughter: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and he/she recklessly causes the death of another person he/she is guilty of a Class C felony, which is punishable by a term of imprisonment not to exceed seven years. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Montana State does not have a vehicle homicide statute. §45-5-205 Serious Bodily Injury: A person who negligently operates a vehicle while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three who causes bodily injury to another, commits the offense of negligent vehicular assault. A person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or be incarcerated in a county jail for a term not to exceed one year, or both, and shall be ordered to pay restitution. A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution. §61-8-715(3) Reckless Driving Resulting in Death: A person who is convicted of reckless driving and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, a term of imprisonment not to exceed one year, or both. Nebraska §60-6, 198 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct proximately causes bodily injury to another person or unborn child, he/she shall be imprisoned for a period no less than 60 days and no more than 15 years. §28-105, 28-106, and Motor Vehicle Homicide: If a person operates a vehicle under the influence of 28-306, 60-6-196 alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she is guilty of a Class III felony. The maximum term of imprisonment of 20 years, or $25,000 fine, or both, minimum is one-year imprisonment. Nevada §484.377 and Death caused by reckless driving or by a DWI where there is wanton disregard 484.3795 for the safety of others causing the death or substantial bodily harm to another person, regardless of whether the person has previously been convicted of driving under the influence is a Category B felony, Reckless Driving, punishable by possible one to six years imprisonment and fine of not more than $5,000. Mandatory minimum term for a DWI-related death is two years. Vehicular Homicide is committed when a person who has previously committed at least three offenses of driving under the influence drives (during driving career) while under the influence in violation of law, proximately causes the death of another person. This is a Category A felony, punishable by a state prison term for life with the possibility of parole or a definite term of 25 years, with parole eligibility after a minimum of 10 years. New §630:3II Negligent Homicide: If a person operates a vehicle under the influence of alcohol Hampshire or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she is guilty of a class A felony. The maximum penalty, exclusive of fine, is imprisonment in excess of seven years. New Jersey §2C:11-5 and Death by Auto: If a person operates a vehicle under the influence of alcohol or 2C:43-6(a)(2) drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person it is a crime in the second degree. This offense is not specifically classified as either a "felony" or a "misdemeanor;" i.e., the Criminal Code (Title 2C) does not define these terms. To cope with this lack of definition, the N.J. Supreme Court has held that a crime can be considered equal to a "common law felony" if a defendant can be sentenced to the state prison for more than one year. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty New Mexico §66-8-101(C), (D) Serious Bodily Injury: A person who commits great bodily harm by vehicle while and (F) §31-18-15 under the influence of intoxicating liquor or while under the influence of any drug is guilty of a third-degree felony and shall be sentenced to three years. Homicide by Vehicle: A person who commits homicide by vehicle while under the influence of intoxicating liquor or while under the influence of any drug is guilty of a third-degree felony; a third-degree felony resulting in the death of a human being is subject to six years imprisonment. New York Penal Law §125.12 Second Degree Vehicular Assault: A person is guilty of vehicular assault in the §70 second degree when he/she causes serious physical injury to another person, if he or she operates a motor vehicle while intoxicated. Vehicular assault in the second degree is a Class E felony. Vehicular Manslaughter: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, it is vehicular manslaughter in the second degree, a Class D felony; imprisonment shall not exceed seven years. North Carolina §20-141.4 Felony Serious Injury by Vehicle: A person who unintentionally causes serious injury to another person while engaged in the offense of impaired driving commits a Class F felony. §15A-1340.13, 15A- Felony Death by Vehicle: A person who unintentionally causes the death of 1340.16 and 15A- another person while engaged in the offense of impaired driving and the 1340.17 commission of the offense is the proximate cause of death commits a Class E felony. The length of the imprisonment term is determined by the number of prior criminal convictions and by aggravating and mitigating circumstances. North Dakota §39-08-01.2 State does not have a vehicle homicide statute. Mandatory imprisonment sanctions apply if either a death or a serious injury is DWI-related. If a person is convicted of a homicide that is related to DWI (e.g., manslaughter (§12.1-16-02) or negligent homicide (§12.1-16-03)), there is a mandatory penalty of 1 year imprisonment. If a person is convicted of DWI where there is a serious injury caused by the defendant, there is a mandatory penalty of 90 days imprisonment. Ohio § 2903.08 Aggravated Vehicular Assault: A person commits this offense if, in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, he/she causes serious physical harm to another person or another’s unborn as the proximate result of being under the influence of alcohol or drugs. This offense is a third-degree felony. §2903.06(A)(2) Aggravated Vehicle Homicide: A person commits this offense if, in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft he/she causes the death of another as the proximate result of being under the influence of alcohol or drugs. The offense is an second-degree aggravated felony, for the first offense, the person could be sentenced to one to five years in a correctional facility and fined no more than $15,000. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Oklahoma 47 §11-904(B) (2) Great Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss of or impairment of the function of any bodily member or organ, he/she shall be deemed guilty of a misdemeanor for the first offense and shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year, and a fine of not more than $2,500. 47 §11-903 Negligent Homicide: When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle by any person in reckless disregard of the safety of others, the person convicted of negligent homicide shall be punished by imprisonment in the county jail for not more than one year or by fine of not less than $100.00 nor more than $1,000.00, or by both such fine and imprisonment. Note: The Oklahoma Courts have decided that, if a vehicle homicide is proximately caused by an alcohol driving law offender, for a first offense, the charge may be Manslaughter 1, and for a second offense, the charge may be Murder II. See respectively, paragraph 1 of section 711 of Title 21 and paragraph 2, section 701.8 of Title 21. Oregon §809.410(1) State does not have a vehicle homicide statute. Even though Oregon does not have a vehicle homicide statute, it nevertheless provides for mandatory license revocation for eight years for murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle. If the offender has been incarcerated, the revocation period begins after release from confinement. Pennsylvania 75 Pa. C.S.A. § 3735. Homicide by vehicle while driving under influence: Any person who unintentionally causes the death of another person as the result of driving under the influence of alcohol or controlled substance and who is convicted of violating this section is guilty of a felony of the second degree when the violation is the cause of death. The sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the violation of this section. Aggravated assault by vehicle while driving under the influence: Any person who negligently causes serious bodily injury to another person as the result of a violation of driving under the influence of alcohol or controlled substance and who is convicted such offense, commits a felony of the second degree when the violation is the cause of the injury. 1. The state must prove either recklessness or criminal negligence and not ordinary negligence in order to sustain a conviction for vehicle homicide. 2. A person also can be charged with involuntary manslaughter in situations where he/she has caused a death related to a drunk-driving offense. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Rhode Island §31-27-2.6 Driving under the influence of liquor or drugs, resulting in serious bodily injury. When serious bodily injury of any person other than the operator is caused by the operation of any motor vehicle, the operator of which is under the influence of any intoxicating liquor, the person so operating the vehicle shall be guilty of driving under the influence of liquor or drugs, resulting in serious bodily injury. Upon conviction, the person shall be punished by imprisonment for not less than, one year and for not more than 10 years and by a fine of not less than $1,000 nor more than $5,000. §31-27-2.2 Driving under the influence of liquor or drugs, resulting in death: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, it is a felony to punishable by imprisonment of five to 15 years and a fine of not less than $5,000 nor more than $10,000. South §56-5-2945 Great Bodily Injury: A person who, while under the influence of alcohol, drugs, or Carolina the combination of alcohol and drugs, drives a vehicle and, when driving does cause great bodily injury is guilty of a felony and, upon conviction, must be punished with a mandatory fine of not less than $5,100 nor more than $10,100 and mandatory imprisonment for not less than 30 days nor more than 15 years when great bodily injury results. When Death Results: A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and, when driving, does cause great bodily injury resulting in death is guilty of a felony and, upon conviction, must pay a mandatory fine of not less than $10,100 nor more than $25,100 and mandatory imprisonment for not less than one year nor more than 25 years. These mandatory sentences may not be suspended, and probation may not be granted. South §22-16-41 Vehicular Homicide: Any person who, while under the influence of an alcoholic Dakota §22-6-1 beverage, any controlled drug or substance, marijuana, or a combination thereof, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony that carries no more than 15 years' imprisonment in the state penitentiary, and a fine of $30,000 may be imposed. Tennessee §39-13-106 Vehicular Assault: A person commits vehicular assault who, as the proximate result of the person's intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. Violation is a Class D felony. Upon conviction, the court shall prohibit the convicted person from driving a vehicle in this state for a period of one year. §39-13-213(a) & (b) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or §40-35-111(b)(2) drugs, or with a prohibited alcohol or drug content, and his conduct causes the reckless killing of another person, the person is guilty of a Class B felony that carries eight to 30 years' imprisonment. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Texas Texas Penal Code Intoxication Assault: A person commits an offense if the person, by accident or §49.07 mistake while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. An offense under this section is a felony of the third degree and carries two to 10 years' imprisonment and a fine of no more than $10,000. Texas Penal Code Intoxication Manslaughter: A person commits this offense if the person operates a §49.08 and §12.33 motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride, and is intoxicated and by reason of that intoxication, causes the death of another by accident or mistake. A person who has killed another while driving a vehicle in a reckless or negligent manner while intoxicated may also be convicted of involuntary manslaughter with the use of "deadly weapon.” Penal Code §1.07(a)(17)(B). Utah §41-6a-528 Serious Bodily Injury: A person is guilty of reckless driving if he/she operates a vehicle with a willful or wanton disregard for the safety of others, or while committing three or more moving violations in a series of acts within a single continuous driving period. A violation is subject to a term of imprisonment not to exceed six months. §76-5-207 Automobile Homicide: ∗ Third-degree felony: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his/her conduct negligently causes the death of another person, he/she may be sentenced to a term of imprisonment not to exceed five years. ∗ Second-degree felony: If a person who operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, criminally negligently causes the death of another person, he/she may be sentenced to a term of imprisonment of no less than one year and no more than 15 years. Vermont 23 §1210(f) Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes great bodily harm which creates a substantial risk of death; a substantial loss or impairment of a body function or organ; a substantial impairment of health; or substantial disfigurement, he/she shall be fined no more than $5,000, or imprisoned no less than one year, but no more than 15 years, or both. 23 §1210(e) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person, he/she shall be fined not more than $10,000 or imprisoned for no less than one year nor more than 15 years, or both. Virginia §18.2-51.4 Serious Bodily Injury: If a person who operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and in a gross, wanton and culpable manner as to show a reckless disregard for human life, unintentionally causes the serious injury of another person resulting in permanent and significant physical impairment he/she shall be guilty of a Class 6 felony. A Class 6 felony is punishable by a term of imprisonment of no less than one year, and no more than five years, or, at the discretion of the jury, one year in jail and a $2,500 fine. Source: LSO Research staff summary of information provided by NCSL.

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Table 4. Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death, Cont’d. State Statutory Citation Description of Penalty Washington §46.61.522 Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes substantial bodily harm to another, he/she is guilty of a Class B felony, which is punishable by a term of imprisonment not to exceed 10 years, or a fine of $20,000, or both. Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct proximately causes the death of another person, he/she shall be guilty of a Class A felony, which is punishable by a term of imprisonment not to exceed 20 years. West § 17C-5-2(c) Serious Bodily Injury: If a person operates a vehicle under the influence of alcohol Virginia or drugs, or with a prohibited alcohol or drug content, and his conduct proximately causes bodily injury to another person, he/she shall be imprisoned for no less than one day and no more than one year, and fined no less than $200 and no more than $1,000. § 17C-5-2(a) Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person within one year of the act or failure with reckless disregard for the safety of others, he/she is guilty of a felony and shall be imprisoned for no less than two years and no more than 10 years, and fined no less than $1,000 and no more than $3,000. Wisconsin §346.62 Serious Bodily Injury: If a person causes bodily harm or great bodily harm to another person by the negligent operation of a motor vehicle, he/she shall be fined no less than $50 and no more than $500, or imprisoned in the county jail for not more than one year and no more than four years. §940.06, 940.09, and Vehicular Homicide: 940.10 ∗ If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct recklessly causes the death of another person or an unborn child, he/she is guilty of a Class D felony, which is punishable by a term of imprisonment not to exceed 25 years. ∗ If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct causes the death of another person or an unborn child, he/she is guilty of a Class D felony, which is punishable by a term of imprisonment not to exceed 25 years. ∗ If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, and his conduct negligently causes the death of another person or an unborn child, he/she is guilty of a Class G felony, which is punishable by a term of imprisonment not to exceed 10 years. Wyoming §31-5-233(h) Serious Bodily Injury: If a person causes serious bodily injury, which creates a reasonable likelihood of death or which causes miscarriage or serious permanent disfigurement or protracted loss or impairment of any bodily member or organ, to another person, he/she is subject to a fine of no less than $2,000 and no more than $5,000, a term of imprisonment of no more than 10 years, or both. §6-2-106 Vehicular Homicide: If a person operates a vehicle under the influence of alcohol or drugs, or with a prohibited alcohol or drug content, in a criminally negligent manner, and his/her conduct proximately causes the death of another person, he/she is guilty of aggravated homicide by vehicle, which is punishable by a term of imprisonment not to exceed 20 years. Source: LSO Research staff summary of information provided by NCSL.

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