Vehicular Homicide

Iowa Vehicular Homicide Laws

Vehicular Homicide is the most severe alcohol-related driving offense that a person can be charged with in the State of Iowa.

There are a number of theories that a person can be prosecuted for under the Vehicular Homicide statute. 

Vehicular Homicide While Intoxicated

The alcohol related offense occurs when a person operates a motor vehicle while intoxicated and it unintentionally results in the death of another.  It can be a complete accident but if the driver had an alcohol concentration over .08; had improper drugs in their system; or was under the influence of alcohol or drug or a combination of alcohol and drug; and the action of driving while intoxicated was the proximate cause of the person’s death; the offense has been committed.  The actual legal elements are as follows:

1. Unintentionally causes death of another; by
2. Operating a motor vehicle while intoxicated.

OWI - Drunk Driving

The crime of Operating While Intoxicated can be committed in two ways:

1. by operating a motor vehicle while under the influence of alcohol or drug or combination of alcohol or drug; and/or
2. by operating a motor vehicle while having an alcohol concentration of .08 or more or with “any” amount of controlled substance present in their system.

Class B Felony

A vehicular homicide conviction for operating while intoxicated is a Class B Felony, carrying a mandatory prison term of 25 years.  The judge has no choice but to send the person to prison for 25 years.  There is no possibility of probation.

Class C Felony

A lesser charge of vehicular homicide is also available for situations where the State cannot prove that a person operated while intoxicated.  In these situations they can charge a driver in a fatality accident with vehicular homicide by way of reckless driving.  In these cases the State is required to prove the defendant unintentionally caused the death of another by operating a motor vehicle in a reckless manner; in a way that showed demonstrated a willful and wanton disregard for the safety of others.  In other words, the person knew and recognized the risk of their driving behavior but did it anyway. Vehicular homicide by reckless driving is a Class C Felony punishable by up to 10 years in prison.  Probation is a possibility in these cases.

Restitution & Loss of Driving Privileges

In all death related cases, a defendant found guilty of the offense is also required to pay the victim’s estate $150,000.00 in restitution and their driving privileges are barred for 6 years.

Vehicular Homicide Defenses

All hope is not lost with a charge for vehicular homicide, but it is imperative that a person facing these types of serious felony charges immediately consult with their defense lawyers. Time is of the essence in these cases, and evidence is often destroyed before trial. Defenses are discussed at Vehicular Homicide Defenses.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.

free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.