Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Kansas, vehicular manslaughter is referred to as 'involuntary manslaughter while driving under the influence' and is codified under Kansas Statutes Annotated (K.S.A.) 21-5405. This statute defines involuntary manslaughter as the unintentional killing of a human being committed recklessly, during the commission of a lawful act in an unlawful manner, or during the commission of a misdemeanor that has a direct causal link to the death. Specifically, when this offense involves the operation of a vehicle while under the influence of alcohol or drugs, it is treated as a severity level 4, person felony. Penalties for a conviction can include a substantial period of imprisonment, fines, and the suspension or revocation of driving privileges. The exact sentence depends on the circumstances of the case and the defendant's criminal history. It is important to note that Kansas law also recognizes 'aggravated vehicular homicide' under K.S.A. 8-2,144, which applies when a person unintentionally kills another while driving under the influence and has a prior DUI conviction; this carries even harsher penalties.