Degree

Depending on the facts, automobile homicide can be charged as a 2^nd or 3^rd degree felony.

Elements

A defendant commits a 3^rd degree felony automobile homicide when they operate a motor vehicle in a negligent manner causing the death of another and:

• has sufficient alcohol in their body that a subsequent chemical test shows that the defendant has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
• is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the defendant incapable of safely operating a vehicle;
• or has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

A defendant commits a 2^nd degree felony automobile homicide when they operate a motor vehicle in a negligent manner causing the death of another and:

• has sufficient alcohol in their body that a subsequent chemical test shows that the defendant has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
• is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the defendant incapable of safely operating a vehicle;
• or has a blood or breath alcohol concentration of .08 grams or greater at the time of operation and
• the defendant has been previously convicted of driving under the influence.

A defendant commits a 2^nd degree felony automobile homicide when they operate a motor vehicle in a criminally negligent manner causing the death of another and:

• has sufficient alcohol in their body that a subsequent chemical test shows that the defendant has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
• is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the defendant incapable of safely operating a vehicle;
• or has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

Fine

2^nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))

DNA Specimen Analysis

A defendant convicted of automobile homicide must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of automobile homicide may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)