If you’ve been involved in a serious accident that resulted in someone’s death, you may be facing more than just emotional fallout—you could also be looking at criminal charges. In Michigan, “vehicular homicide” isn’t a formal charge, but several offenses carry similar consequences. Depending on the facts, a conviction could mean prison time, a revoked license, and a permanent felony record. An experienced Michigan homicide lawyer can explain the specific charge, possible sentence, and defenses available in your case.
What Is Considered Vehicular Homicide in Michigan?
Michigan law doesn’t use the phrase “vehicular homicide,” but the term often refers to situations where a person causes someone else’s death while driving. That could involve reckless behavior, alcohol or drug use, or even a careless mistake behind the wheel. Several Michigan statutes cover these scenarios, including:
- Operating While Intoxicated (OWI) Causing Death – under MCL § 257.625(4)
- Reckless Driving Causing Death – under MCL § 257.626(4)
- Moving Violation Causing Death – under MCL § 257.601d(1)
Each charge has its own legal standards, but they all share one thing: the death of another person due to how someone was driving.
Charges and Penalties
Let’s look more closely at what these charges involve and what sentences they carry if there’s a conviction.
OWI Causing Death
- This charge applies when someone drives under the influence of alcohol or drugs and causes a fatal crash.
- It’s a felony, punishable by up to 15 years in prison.
- Fines range from $2,500 to $10,000.
- If the victim is an emergency responder (like a police officer or firefighter) or if the driver has prior OWI convictions, the sentence can be extended to 20 years.
Reckless Driving Causing Death
- This offense involves operating a vehicle in a way that shows willful disregard for safety.
- It’s also a felony, with up to 15 years in prison.
- A conviction includes mandatory driver’s license revocation.
Moving Violation Causing Death
- This applies when a driver commits a basic traffic offense (such as failing to yield or running a red light) and causes someone’s death.
- It’s a misdemeanor, not a felony.
- The penalty is up to 1 year in jail and a minimum 1-year driver’s license suspension.
Civil lawsuits may also follow, especially in fatal crashes. Families of victims often file wrongful death claims seeking financial damages.
Can a Fatal Crash Lead to a Second-Degree Murder Charge?
In particularly serious cases, prosecutors may pursue a vehicular second-degree murder charge rather than limiting the case to OWI causing death or reckless driving causing death. This may happen when the prosecution believes the driver acted with malice, including conduct that allegedly created a very high risk of death or great bodily harm while showing disregard for the likely consequences.
A second-degree murder charge is substantially more serious than the driving-related offenses discussed above. Under MCL § 750.317, a conviction can result in life imprisonment or any term of years. Whether the evidence supports this charge depends heavily on the driver’s alleged conduct and state of mind.
What Is the Average Sentence Length for Vehicular Homicide in Michigan?
There is no single average sentence length for vehicular homicide in Michigan because the state does not use “vehicular homicide” as the name of one specific criminal charge. What some people call vehicular homicide or vehicular manslaughter may instead be prosecuted as OWI causing death, reckless driving causing death, or a moving violation causing death. The potential vehicular homicide sentence therefore depends on the offense charged and the facts of the crash.
What Is the Minimum Sentence for Vehicular Manslaughter in Michigan?
Michigan does not establish one universal minimum sentence for vehicular manslaughter because “vehicular manslaughter” is not the formal name of a single offense under state law. The applicable minimum sentence depends on the actual charge, the defendant’s prior record, and the sentencing-guideline range calculated by the court.
For OWI causing death and reckless driving causing death, the statutes authorize up to 15 years in prison but do not impose the same mandatory minimum sentence in every case. A person may nevertheless receive jail or prison time based on the guideline calculation and circumstances surrounding the fatal crash. An attorney must review the charged offense before estimating the possible minimum sentence for vehicular manslaughter in Michigan.
What Makes the Sentence Harsher or More Lenient?
The facts of the case can strongly affect the outcome. Some factors may lead to stiffer sentencing, while others may persuade a judge or prosecutor to reduce the charges or recommend leniency.
Aggravating factors may include:
- Driving while drunk or high
- Speeding, racing, or ignoring traffic laws
- A prior history of OWI or reckless driving
- Leaving the scene of the crash
Mitigating factors may include:
- No prior traffic offenses
- Immediate cooperation with police
- Road or weather conditions that contributed to the accident
- Evidence of remorse, such as a voluntary apology or community service
Each case is unique. The full story matters, not just the police report.
Do People Go to Jail for Vehicular Manslaughter?
Yes, people can go to jail or prison for conduct commonly described as vehicular manslaughter. A misdemeanor moving violation causing death can result in up to one year in jail, while felony charges such as OWI causing death or reckless driving causing death carry possible prison sentences of up to 15 years. However, incarceration is not identical in every case. The outcome depends on the charge, sentencing guidelines, criminal history, aggravating circumstances, and any mitigating evidence presented to the court.
What to Do If You’re Charged
If you’re facing one of these charges, it’s important to act quickly and cautiously. Saying the wrong thing to police or trying to explain your side without a lawyer could hurt your defense.
Here’s what we recommend:
- Stay calm and use your right to remain silent.
- Don’t assume a conviction is guaranteed, even if someone died.
- Contact an attorney immediately so we can preserve evidence, request records, and start building your defense.
We’ll take a close look at every part of the case—how the crash happened, whether the tests were done correctly, and whether there’s a valid legal defense. We also help you manage the emotional and public fallout, especially when a fatality makes headlines.
How We Can Help
When you’re facing serious charges like OWI causing death or reckless driving, you need a legal team that understands Michigan criminal law and treats your case with the utmost urgency and care. At Federal Criminal Attorneys of Michigan, we’ve defended people against felony and misdemeanor charges across the state. If you are under investigation or facing charges after a fatal crash, an experienced Michigan vehicular manslaughter lawyer can evaluate the evidence, explain the potential sentence, and begin protecting your rights.
Contact a Michigan Vehicular Homicide and Manslaughter Lawyer at Federal Criminal Attorneys of Michigan
If you’ve been charged with vehicular homicide in Michigan, contact our Federal Criminal Attorneys of Michigan today. We’ll review your case and explain your options. Your future matters—let’s protect it together.
Our firm is located near you. We proudly serve Detroit and locations throughout Michigan.
Federal Criminal Attorneys of Michigan
500 Griswold St # 2340
Detroit, MI 48226
Open 24 hours
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