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 Wisconsin, vehicular manslaughter is referred to as 'homicide by intoxicated use of a vehicle' or 'homicide by negligent operation of a vehicle.' These offenses are outlined in Wisconsin Statutes sections 940.09 and 940.10 respectively. The law distinguishes between causing death while driving under the influence of an intoxicant, a controlled substance, or a combination thereof, and causing death through negligent operation of a vehicle. Homicide by intoxicated use of a vehicle is a felony and can result in severe penalties, including substantial fines and imprisonment. The exact penalties depend on the circumstances of the case and the offender's prior record. If the operator is found to have been intoxicated or under the influence of drugs at the time of the incident, the offense is typically more serious and carries harsher penalties. Additionally, if the operator was engaged in reckless driving behavior, such as street racing or excessive speeding, this can also lead to more severe charges and penalties. It's important to note that these laws are subject to change, and an attorney can provide the most current legal advice relevant to a specific case.