What is the definition of NY Vehicular Homicide?

What is the definition of NY Vehicular Homicide?

• A. DUI below .08 and kills someone
• B. DUI above .08 and kills someone
• C. Reckless driving without impairment
• D. Felony murder

Answer: (B)

New York Vehicular Homicide is the crime that results when a death is caused by operating a motor vehicle while the driver is intoxicated, typically with a blood alcohol concentration at or above the legal limit of .08 or under the influence of drugs. That impairment threshold is what makes this offense specifically about drunk driving leading to a fatality, rather than just reckless behavior. If the DUI is under .08 or there isn’t impairment, the conduct may be charged under a different offense such as reckless driving or a related homicide statute, but not the vehicular homicide charge defined by intoxicated driving. Felony murder involves death during the commission of a separate felony and is a different theory altogether, not defined by DUI alone.

New York Vehicular Homicide is the crime that results when a death is caused by operating a motor vehicle while the driver is intoxicated, typically with a blood alcohol concentration at or above the legal limit of .08 or under the influence of drugs. That impairment threshold is what makes this offense specifically about drunk driving leading to a fatality, rather than just reckless behavior. If the DUI is under .08 or there isn’t impairment, the conduct may be charged under a different offense such as reckless driving or a related homicide statute, but not the vehicular homicide charge defined by intoxicated driving. Felony murder involves death during the commission of a separate felony and is a different theory altogether, not defined by DUI alone.