Last updated: October 27, 2026

When a traffic crash causes a death, Georgia prosecutors may charge vehicular homicide (officially “homicide by vehicle”) under O.C.G.A. § 40-6-393. Whether the charge is a felony with a minimum of three years in prison or a misdemeanor depends almost entirely on which traffic law the driver is accused of breaking. This guide explains first- and second-degree vehicular homicide, the difference between a crime and a tragic accident, cases that do not involve alcohol, and the defenses that matter most. You can also read about our vehicular homicide defense.

First-Degree Vehicular Homicide (Felony)

Under § 40-6-393(a) and (b), a person commits first-degree vehicular homicide by causing another person’s death, without malice aforethought, through one of these specific violations:

• DUI (O.C.G.A. § 40-6-391), including alcohol, drugs or a combination;
• Reckless driving (§ 40-6-390), meaning driving in reckless disregard for the safety of persons or property, and the related offenses in §§ 40-6-390 through 40-6-391;
• Fleeing or attempting to elude police (§ 40-6-395(a));
• Passing a stopped school bus (§ 40-6-163(a)); or
• Hit-and-run: causing a fatal accident and leaving the scene in violation of § 40-6-270(b).

The penalty is 3 to 15 years in prison. A person declared a habitual violator who causes a death while their license is revoked faces 5 to 20 years, and must serve at least one year before any part of the sentence can be probated or suspended (§ 40-6-393(d)).

Second-Degree Vehicular Homicide (Misdemeanor)

If the death was caused by any other traffic violation, such as speeding, failing to yield, following too closely, running a stop sign or failing to maintain a lane, the charge is second-degree vehicular homicide (§ 40-6-393(c)). It is a misdemeanor, punishable under O.C.G.A. § 17-10-3 by up to 12 months in jail and a fine. The State must prove that the violation actually caused the death.

Vehicular Homicide vs. a Tragic Accident

Not every fatal crash is a crime. Vehicular homicide requires that the driver violated a traffic law and that the violation caused the death. Georgia courts have long held that the accused’s conduct must be the cause of death to support a conviction (Williams v. State, 1983). If a death results from something other than a traffic violation, such as a sudden mechanical failure the driver could not have anticipated or another driver’s conduct, there may be no criminal case at all.

At the same time, many traffic offenses are strict-liability offenses. In State v. Ogilvie (2012), the Supreme Court of Georgia held that an “accident” defense did not apply where a driver voluntarily drove into a crosswalk and struck a child. The real questions are usually whether a violation occurred and whether it caused the death.

Vehicular Homicide Without Alcohol

Many vehicular homicide cases involve no alcohol or drugs at all. They are typically based on:

• Reckless driving, such as extreme speed, weaving through traffic or street racing, which can make the case a felony even with no impairment. Georgia courts have upheld felony convictions based on speeding and weaving through traffic (Bell v. State, 2013).
• Distracted driving, such as using a phone, often combined with failure to yield or failure to stop.
• Ordinary traffic violations like following too closely or failing to maintain a lane, which usually lead to a second-degree, misdemeanor charge.
• Fleeing police or leaving the scene, both of which are first-degree predicates regardless of impairment.

Defenses and Key Issues

• Causation. The State must prove the traffic violation caused the death. Accident reconstruction, vehicle data and medical evidence are often central.
• Whether the conduct was truly “reckless.” The line between first and second degree often turns on whether speed or driving behavior shows reckless disregard or ordinary negligence. If there is evidence of a lesser traffic violation that could have caused the crash, the defense can request a jury instruction on second-degree vehicular homicide (O’Shields v. State, 2019).
• DUI evidence. Blood and breath tests can be challenged on how and when they were obtained.
• Who was driving, which is sometimes disputed in multi-occupant crashes.
• Conduct of others. Evidence that another driver was impaired may be relevant to causation (Crowe v. State, 2004). A victim’s failure to wear a seat belt, however, is not admissible on causation in a criminal case (State v. Mondor, 2019).

Other Consequences

• Driver’s license suspension follows a vehicular homicide conviction, and Georgia courts have held that a first offender plea counts as a conviction for this purpose (Smith v. State, 2024).
• Separate counts for each victim. A crash that kills or injures several people can lead to multiple counts that are sentenced separately.
• Merger. The underlying DUI or reckless driving charge generally merges into the vehicular homicide conviction for sentencing.
• Murder charges are possible in rare cases involving malice or a dangerous felony such as fleeing police.

Related Charges

If someone was seriously injured rather than killed, the charge is usually serious injury by vehicle. See our guide to serious injury by vehicle in Georgia. For the court process after a felony arrest, see what happens after a felony arrest in Georgia.

Frequently Asked Questions

Is vehicular homicide a felony in Georgia?

First-degree vehicular homicide is a felony with 3 to 15 years in prison. Second-degree vehicular homicide is a misdemeanor.

What makes vehicular homicide first degree?

A death caused by DUI, reckless driving, fleeing police, passing a stopped school bus, or leaving the scene of a fatal accident.

Can you be charged with vehicular homicide if you were not drinking?

Yes. Reckless driving, fleeing police and hit-and-run are first-degree predicates with no alcohol involved, and ordinary traffic violations can support a second-degree charge.

Is every fatal accident vehicular homicide?

No. There must be a traffic violation, and that violation must have caused the death.

Talk to a Defense Attorney

The Law Office of Jennifer Scalia represents people charged with vehicular homicide in Cumming and across Forsyth, Hall, Dawson and Lumpkin counties. Call (470) 505-9791 for a free, confidential consultation.

Sources: O.C.G.A. § 40-6-393 (2025 code) and related sections of Title 40; Georgia appellate decisions cited above.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact the Law Office of Jennifer Scalia for advice about your specific situation.