Experienced defense for vehicular homicide and vehicular assault charges in Clark County.
Free Case EvaluationUnder Washington law, vehicular homicide occurs when a person causes another's death while: (1) driving under the influence of alcohol or drugs, (2) driving recklessly, or (3) driving with disregard for others' safety. Deaths can involve passengers, other vehicles, or pedestrians. "Under the influence" is defined as having a blood alcohol level of .08 or higher, or having one's driving be "affected by" alcohol or drugs.
Strike Offense Under Three Strikes Law
Vehicular homicide qualifies as a "strike" under Washington's three strikes rules if committed via intoxication or reckless driving. It does not count as a strike if caused by disregard for safety. These are among the most serious charges our attorneys handle.
| Method | Seriousness Level | Standard Range (No Prior History) |
|---|---|---|
| Driving while intoxicated | Level 9 | 31–41 months |
| Reckless driving | Level 8 | 21–27 months |
| Disregard for safety | Level 7 | 15–20 months |
Sentences increase substantially with prior felonies, DUI convictions, reckless driving convictions, or vessel operation convictions.
Vehicular assault involves causing substantial bodily harm while: (1) driving under the influence, (2) driving recklessly, or (3) driving with disregard for safety. "Substantial bodily harm" means temporary but substantial disfigurement, temporary loss of bodily function, or fractures.
| Method | Seriousness Level | Standard Range (No Prior History) |
|---|---|---|
| Intoxication or recklessness | Level 4 | 3–9 months county jail |
| Disregard for safety | Level 3 | 1–3 months jail |
Prior felony or driving convictions substantially increase penalties for vehicular assault.
Causing death while operating a boat or vessel constitutes homicide by watercraft when the operator is: (1) under the influence, (2) operating recklessly, or (3) disregarding others' safety. This is a Class A felony with penalties mirroring vehicular homicide: Level 9 (31–41 months) for intoxication, Level 8 (21–27 months) for recklessness, and Level 7 (15–20 months) for disregard.
Causing serious bodily injury while operating a vessel under the influence or recklessly constitutes assault by watercraft. "Serious bodily injury" involves substantial death risk, permanent disfigurement, or protracted loss of bodily function. This is a Class B felony with seriousness level 4, carrying a standard range of 3–9 months jail. Note: towing water skiers does not constitute this offense.
Causation Is Often the Key Defense Issue
In crash cases, causation determines liability. Both drivers may share fault, requiring jury determination. Even if legally intoxicated, another vehicle may be the "sole cause" — a valid defense. However, mere "contributory negligence" is not a defense. Accident reconstructionists often identify critical issues that police investigations missed.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call today at (360) 334-6277 to schedule an immediate confidential consultation.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.