Key Takeaways
- Vehicular homicide is a serious felony in Georgia that can result in years of prison time and a permanent criminal record.
- Georgia law divides the charge into First-Degree (felony) and Second-Degree (misdemeanor) offenses.
- Common defenses include lack of causation, challenging DUI evidence, or proving another party was at fault.
- Police often make quick arrests after fatal accidents—but that doesn’t mean you’re guilty.
- An experienced defense attorney can challenge the evidence, protect your rights, and fight for your freedom.
What Is Vehicular Homicide in Georgia?
In Georgia, vehicular homicide occurs when someone unlawfully causes the death of another person with a motor vehicle.
You don’t have to intend to kill someone. Just a single mistake—or being in the wrong place at the wrong time—can lead to these charges.
You can be charged even if:
- You didn’t see the other person
- You were unaware of a traffic law violation
- It was your first offense
First-Degree vs. Second-Degree Vehicular Homicide
Georgia law (O.C.G.A. § 40-6-393) splits vehicular homicide into two categories:
First-Degree Vehicular Homicide (Felony)
Punishable by 3 to 15 years in prison. You may be charged if:
- You were DUI
- You were driving on a suspended license
- You left the scene (hit and run)
- You were reckless driving
- You fled from police
Second-Degree Vehicular Homicide (Misdemeanor)
Punishable by up to 12 months in jail and a fine. This charge typically results from:
- Failure to yield
- Running a red light
- Improper lane change
- Other minor traffic infractions that resulted in death
Common Situations That Lead to Charges
Many Hines Law clients are shocked to find themselves facing such serious accusations after an accident. These cases often arise from:
- Accidental DUI collisions (including prescription drug DUI)
- Crashes involving motorcyclists or pedestrians
- High-speed wrecks near school zones or neighborhoods
- Fatal crashes where the driver panicked and left the scene
Sometimes, clients are wrongly accused, or the evidence is unclear—but law enforcement still files charges quickly.
Possible Defenses Against Vehicular Homicide
You’re innocent until proven guilty—and there are many ways to challenge these charges:
- Causation defense – We prove that the other driver or a third party caused the accident.
- DUI challenge – We examine whether the sobriety tests, breathalyzer, or blood draw were flawed or unconstitutional.
- Procedural violations – If your rights were violated (e.g., unlawful stop, no Miranda warning), we may get evidence thrown out.
- Emergency or necessity – If you were avoiding a hazard or reacting to an emergency, it may justify your actions.
- Accident reconstruction experts – These professionals can testify to vehicle positioning, speeds, and road conditions to support your version of events.
Each case is unique—and at Hines Law, we build a defense based on facts, science, and Georgia law.
What If You’re Also Facing DUI or Driving Without a License?
If you are charged with vehicular homicide and DUI, the case becomes even more complex. Prosecutors will aggressively push for the maximum penalty.
If you were driving without a license or with a suspended license, you may face First-Degree charges, even if the accident wasn’t your fault.
That’s why it’s critical to have an experienced attorney who can defend both charges simultaneously. We look for opportunities to:
- Reduce the charge to Second-Degree
- Suppress illegal evidence
- Negotiate favorable plea deals—or win at trial
Why You Need a Defense Attorney Immediately
Police and prosecutors act fast in fatal crash cases—but their version of the story isn’t always the truth.
You need a legal team that will:
- Investigate the crash independently
- Speak with witnesses before memories fade
- Collect dash cam, surveillance, or road footage
- Challenge every detail in the police report
Don’t wait until it’s too late. You have the right to defend yourself—and Hines Law is here to make sure you get that chance.
Hines Law: Protecting Your Freedom When the Stakes Are Highest
Vehicular homicide charges can change your life forever. You could lose your:
- Freedom
- License
- Immigration status
- Job
- Future
At Hines Law, we fight aggressively to protect our clients—especially when the charges involve both criminal and immigration risks. We serve English- and Spanish-speaking clients across Atlanta, Marietta, Gainesville, Austell, and Dalton.
Call now for a confidential, no-cost case review.
We’ll listen, defend, and help you take back control of your future.