The laws associated with a driver who kills someone while under the influence of drugs or alcohol vary significantly by state. According to Mothers Against Drunk Driving (MADD), most states have laws specifically outlining penalties for drunk drivers who cause death or injury. Arizona does not have a specific law that addresses this situation, but uses existing statutes related to DUI, homicide, and manslaughter when bringing charges.

If you are charged with vehicular manslaughter while driving under the influence in Arizona, the penalties can be severe. There is a lot to know about what state statutes might apply in your specific situation. With the help of an experienced attorney, you can learn what you need to know quickly and start mounting an effective defense that leads to the best possible outcome.

What Is Vehicular Manslaughter?

The state of Arizona does not make a distinction between manslaughter and vehicular manslaughter. Arizona Revised Statute ARS § 13-1103 is used to try any manslaughter charge, including the death of someone caused by a person driving under the influence. Vehicular homicide occurs when the death of an individual involves either:

A) A driver recklessly causing the death of another person

OR

B) A driver knowingly or intentionally committing second-degree murder in the heat of passion or as a result of a sudden dispute after being "adequately provoked" by the victim

In either case, a prosecuting attorney must present evidence to prove guilt.

Driving Recklessly

According to Arizona state laws, an individual drives recklessly when he or she knowingly disregards a significant and unjustifiable risk, knowing that a particular outcome will occur or that a set of circumstances exist. In other words, the acts that put people at risk must have been demonstrated by the suspect. They must have known of the potential risk, and the action must be considered a risk that a prudent driver might not have taken based on the probability of injury or death occurring.

While there is no formal charge for vehicular manslaughter in Arizona, there are some traffic violations that may result in a manslaughter charge against a driver if they lead to another person's death. The state must meet certain conditions to prosecute a driver with manslaughter, and these are different for each infringement. Aggressive driving, racing, excessive speed, or driving under the influence (DUI) are examples of factors that could lead to a conviction of vehicular manslaughter.

Aggressive Driving

Any person convicted in Arizona of aggressive driving that results in someone else's death may be charged with manslaughter. In Arizona, Aggressive Driving occurs when a person drives at an unsafe speed and violates at least two of the following traffic laws:

• Following too closely
• Making an unsafe lane change
• Failing to obey stoplights, stop signs, or other traffic control devices
• Failing to yield the right-of-way
• Passing or overtaking another vehicle on the right while driving off the main traveled portions of the road
• Engaging in any type of driving that endangers another vehicle or person

Racing

Anyone participating in any street or highway racing, speed competition, drag race, acceleration contest, or any other form of speed contest can be charged with reckless driving. A manslaughter case can also be filed if anyone dies as a result of such acts.

Excessive Speed

According to Arizona Revised Statute ARS §28-701.02, drivers can be charged with manslaughter after the death of another if they have:

1. Exceeded the speed of 35 miles per hour in a school zone
2. Exceeded the posted speed limit in a business or residential area by more than 20 miles per hour, or by 45 miles per hour if no speed limit is posted
3. Exceed 85 miles per hour in other locations

Arizona DUI

If a death is caused by someone who is found guilty of DUI, they can be charged with manslaughter in Arizona. Arizona Revised Statute ARS §28-1381 states that anyone with a blood alcohol content (BAC) of 0.08 percent or higher who has actual physical control of a motorized vehicle can be charged with Driving Under the Influence (DUI). Commercial vehicle drivers can be charged with a BAC of 0.04 or higher. Also, any drug listed in Arizona State Statute ARS §13-3401 found in a driver’s system, unless prescribed by a doctor, can be charged with a DUI.

Intentionally Or Knowingly Committing Second Degree Murder

Proving that a driver committed murder knowingly or intentionally typically involves presenting evidence that they acted out of intense emotions, such as rage or extreme anger. This type of vehicular manslaughter can occur with or without the driver being under the influence of drugs or alcohol.

What Are The Penalties In Arizona For Vehicular Manslaughter?

There are three potential charges that may occur for driving-related homicides, each of which is determined by the driver's mental state when the crime was committed.

1. A Negligent Homicide can be charged when a driver causes the death of another person while driving in a “criminally negligent manner.” As a class 4 felony, a conviction carries up to $150,000 in fines and from one year to 3 years and nine months in prison.
2. Manslaughter can be charged when a driver driving “recklessly” causes the death of another person. Unlike Negligent Homicide, Manslaughter occurs when the defendant knew of the risk involved but disregarded it anyway. As a class 2 felony, Manslaughter carries a penalty of up to $150,000 in fines and from 3 to 12.5 years in prison. Aggravating factors, such as a conviction for an Extreme DUI (BAC level of 0.15 or greater), can increase the prison term to up to 21 years.
3. When a driver recklessly engages in behavior that causes an “extreme indifference to life” and creates a “grave risk of death” to someone, they can be charged with Second-Degree Murder. A conviction for Second-Degree Murder, a class 1 felony, carries a fine of up to $150,000 and from 10 to 25 years in prison. The driver could face 13 to 27 years in prison if the victim was between the ages of 12 and 14 and can receive life in prison if the victim was less than 12 years of age.

What Are Some Possible Defenses For Those Facing A Vehicular Manslaughter Charge In Arizona?

Accident Reconstruction involves shifting the blame from the defendant to someone else. An independent investigation might conclude that there were other parties involved at the scene of the accident, which questions the defendant's guilt. Engineers and mechanics are also sometimes used to investigate possible defects or flaws in the vehicle involved that may have caused the accident.

Proving the defendant did not act recklessly and did not ignore unjustifiable or substantial risk is another possible defense. Using sophisticated techniques that examine the methods law enforcement officers employed to determine culpability, mistakes may be uncovered. Police are required to follow strict rules and methods when determining things like the speed of a vehicle or the driver's blood-alcohol content. Any errors in protocols can provide a possible defense.

Other defenses might include:

• Challenging whether or not a defendant was properly read their Miranda Rights
• Determining if a defendant was coerced into a confession
• Determining if the defendant was denied the right to counsel.