If you or a loved one has been charged with Homicide by Vehicle while DUI, you must have a lot of questions and fears about what is going to happen. It is a truly horrible feeling knowing that someone died and that you are being held responsible for that death. Fortunately, The McShane Firm has helped many people who have faced these and similar charges and is ready to answer your questions and help protect you.

What exactly is Homicide by Vehicle while DUI?

The law on the books is Title 75 Pa.C.S.A. Crimes and Offenses § 3735 which defines the charge as:

A person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under the influence of alcohol or controlled substance) and who is convicted of violating section 3802.

The statute is applied when a driver who is driving under the influence of alcohol or drugs causes a death, whether that person is a driver in another vehicle, a pedestrian or a passenger in the vehicle of the driver who is being charged.

What are the Legal Penalties for Homicide by Vehicle while DUI?

If you are convicted of Homicide by Vehicle while DUI and have no prior DUI violations, you will be found guilty of a felony of the second degree. This means:

• You will face a minimum of 3 years of imprisonment for each person who was killed. This can be increased to up to 10 years.
• You could be fined up to $25,000.
• These penalties are in addition to what you may face if convicted for a DUI (under section 3802).

If you had prior DUI convictions which could be in Pennsylvania or in another jurisdiction, you will be found guilty of a felony of the first degree. This means:

• If you had one previous DUI violation, you will face a minimum of 5 years of imprisonment for each person who was killed. If you had two or more previous DUI violations, you will face a minimum of 7 years of imprisonment for each person who was killed. This can be increased to up to 20 years.
• You could be fined up to $25,000.
• These penalties are in addition to what you may face if convicted for a DUI (under section 3802).

What other Consequences could I be facing?

The consequences of a felony conviction in Pennsylvania are far reaching and can affect many facets of your life. Specifically for a Homicide by Vehicle while DUI, you can expect to:

• Face civil liability because of the wrongful death.
• See your car insurance rates skyrocket, when and if you are finally able to drive.
• Your professional license can be suspended. Please see: Felony Conviction Consequences in Pennsylvania to find out how this can affect you.
• Lose your ability to own a firearm.
• Lose eligibility for student loans.
• Face difficulties getting hired. If convicted, you will be labeled as a “Killer”. Who wants to hire a Killer? People who have been convicted of similar charges have faced difficulties finding a job. For example, you would be disqualified from driving for Uber, Lyft and other rideshare companies.

What should I do now?

If you are reading this blog post, you are doing the right thing by researching and learning about the charges you are facing. Additionally, you should call (717) 690-8643 to talk to one of the experienced attorneys at The McShane Firm so we can guide you through this trying time. Getting the right information and the right help will help put you at ease.

The McShane Firm is Pennsylvania’s Premier DUI Firm. No one can match our experience, qualifications and drive to succeed. We understand that you are scared. Many of our clients felt the same way before talking to us. At the end of the process, they walked away feeling that we secured the best possible outcome for them.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.