Vehicular Homicide in Louisiana
Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.
What is the penalty for vehicular homicide in Louisiana? Vehicular homicide under La. R.S. 14:32.1 carries a fine of two thousand to fifteen thousand dollars and five to thirty years in prison. At least three years must be served without probation, parole, or suspension. A high blood alcohol level or a prior DWI raises that minimum to five years.
Vehicular homicide is the most serious driving crime in Louisiana. It pairs an impaired-driving charge with a death. The State does not have to prove you meant to hurt anyone. It focuses on impairment and whether it helped cause the crash. This page explains the charge, how the State proves it, the defenses, and how we fight it.
Quick answers
What it is: A death caused by an impaired driver, or one over the legal limit, under La. R.S. 14:32.1.
The penalty: A fine of two thousand to fifteen thousand dollars and five to thirty years, with at least three years without benefit.
The key issue: The State must prove impairment actually contributed to the death. Impairment alone is not enough.
What to do first: Say nothing to police. Call a defense lawyer before any questioning. What you say becomes evidence.
What counts as vehicular homicide in Louisiana?
Vehicular homicide is a death caused by someone operating or in control of a vehicle, boat, or aircraft while impaired. It applies whether or not the driver intended any harm. The law reaches alcohol impairment, a blood alcohol level of 0.08 or more, impairment by drugs, and certain detectable controlled substances that were not prescribed.
But impairment is not the whole case. The condition must have been a contributing factor to the death. That link between the impairment and the crash is often where these cases are won or lost.
Elements the State must prove
To convict, the State must prove each element beyond a reasonable doubt.
- Operation or control. You were driving or in actual physical control of the vehicle. The State has to prove you were the one behind the wheel.
- Impairment or unlawful level. You were impaired by alcohol or drugs, had a blood alcohol level of 0.08 or more, or had a detectable, non-prescribed controlled substance in your blood.
- Causation. The impairment was a contributing factor to the death. A fatal crash that merely coincides with a high reading is not enough.
These are fact-heavy cases built on blood tests, accident reconstruction, and timelines. The State carries the burden on every element. That is where a real defense begins.
What happens after a vehicular homicide arrest in Louisiana?
Say Marcus is arrested after a fatal crash and a blood draw. Within seventy-two hours he sees a judge for an initial appearance, where a bond is either set or denied. Because this is a felony, the State must formally charge him. If he stays in jail, the State has sixty days to file that charge, under La. C.Cr.P. art. 701.
Then comes arraignment and a plea. After that, the fight is over the blood evidence and the cause of the crash. Whether the draw was lawful, whether the chain of custody held, and whether impairment really caused the wreck all get tested. Early work on that evidence matters.
What are the defenses to vehicular homicide?
- Who was driving. The State must prove you were in control of the vehicle. If someone else may have been driving, the charge can fail.
- Challenging the blood test. Officers need probable cause before drawing blood. Rights violations, procedural errors, or a broken chain of custody can keep the result out.
- Causation. If a pedestrian stepped into traffic, a road defect existed, or another driver caused the crash, the impairment may not be a cause at all.
- Prescription medication. A drug taken as legally prescribed may not prove impairment.
- Challenging the science. Blood alcohol calculations rest on assumptions. A forensic toxicologist can dispute retrograde extrapolation and lab procedure.
How we defend a vehicular homicide charge
I have taken more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. These cases are built on forensic science, and that is my background. We gather the evidence, talk to witnesses, and visit the scene. We work with toxicologists and accident reconstruction experts to test whether impairment really caused the crash.
We check every blood draw and every calculation for error. Early aggressive representation makes a difference in a case like this. It is what we do here at The Ambeau Law Firm.
Frequently asked questions
What is vehicular homicide in Louisiana?
Vehicular homicide is a death caused by a driver who was impaired or over the legal limit, under La. R.S. 14:32.1. It does not require an intent to harm. The State must show impairment and that it was a contributing factor to the death. It is far more serious than a DWI, carrying five to thirty years in prison and a large fine.
What does the State have to prove?
The State must prove you were driving or in control of the vehicle, that you were impaired or over the legal limit, and that this was a contributing factor to the death. All three must be proven beyond a reasonable doubt. There is no automatic presumption that impairment caused the crash. The prosecutor has to connect the impairment to the fatal collision.
Can I be convicted if I was under the limit or on prescription medication?
Possibly, but it is harder for the State. The law also reaches actual impairment and certain detectable controlled substances that were not prescribed. If a drug was legally prescribed and taken as directed, its presence may not prove impairment. A forensic expert can challenge whether a detected substance actually affected your driving at the time of the crash.
What penalties do I face if convicted?
A conviction carries a fine of two thousand to fifteen thousand dollars and five to thirty years in prison, with at least three years served without benefit. If your blood alcohol level was 0.15 or higher, or you had a prior DWI, at least five years must be served without benefit. Above 0.20, it is treated as a crime of violence, and multiple deaths bring consecutive sentences.
Talk to a Louisiana vehicular homicide defense lawyer
A vehicular homicide charge is serious and turns on forensic evidence. A few questions help us understand your case. Has an arrest already happened? Is this a state or federal matter? Was there a blood draw or other forensic evidence involved?
Check Jarrett’s availability for your case or call 225-330-7009. The sooner we start, the more we can do.
Louisiana Vehicular Homicide Statute: La. R.S. 14:32.1
Always verify current statute text at the Louisiana State Legislature. The following is an excerpt.
§32.1. Vehicular homicide
A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing: (1) The operator is impaired by alcoholic beverages…. (2) The operator’s blood alcohol concentration is 0.08 percent or more…. (3) The operator is impaired by any other drug, combination of drugs, or combination of alcohol and drugs…. (5) The operator’s blood has any detectable amount of any controlled dangerous substance listed in Schedule I, II, III, or IV… that has not been medically ordered or prescribed….
B. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence… shall be imposed without benefit of probation, parole, or suspension of sentence….
C. Whoever commits the crime of vehicular homicide shall be sentenced as an offender convicted of a crime of violence if the offender’s blood alcohol concentration… exceeds 0.20 percent….
D. …[If the offense] causes the death of two or more human beings, the offender shall be sentenced separately for each victim, and such sentences shall run consecutively….
Source: La. R.S. 14:32.1 (Louisiana State Legislature). Excerpted; some subsections summarized. Amended by Acts 2024, No. 662.