Charges of vehicular homicide may or may not be part of a charge of drunk driving. Unfortunately, fatalities can occur in connection with driving offenses. Historically, they were often charged as either manslaughter or negligent homicide, and probation was a possible sentence.

Since the enactment of the Criminal Code of 1978, the prosecution of vehicular homicide has completely changed. The State of Arizona is now free to charge second-degree murder in connection with these cases. Alternatively, they can charge manslaughter or negligent homicide "dangerous nature," precluding probation as a sentence. All of these offenses carry lengthy prison sentences. Indeed, conviction for second-degree murder, even from an auto accident, carries the most serious consequences possible under Arizona law, next to first-degree murder.

There are no guidelines to limit the prosecutors in deciding what offense to charge. Therefore, wide disparities occur in connection with the outcome of these cases. One defendant may receive a sentence of 50 or 100 years in prison while another receives probation for similar conduct.

The best advice if faced with a charge of vehicular homicide is to contact an experienced attorney who knows the system and has a track record of success.