Vehicular Homicide Washington Sentencing Calculator | 2024 Grid - Frequently Asked Questions

Question 1

What is the minimum sentence for Vehicular Homicide in Washington?

Accepted Answer

There is no single statewide minimum sentence for Vehicular Homicide in Washington. The presumptive sentencing range depends on two key factors: (1) the Offense Seriousness Level (OSL), which varies based on the variant charged (DUI/reckless = OSL XI; disregard for safety = OSL VII), and (2) the Offender Score (0-9+), which reflects the defendant's criminal history. For example, a first-time offender (Offender Score 0) charged with Vehicular Homicide under the influence faces a presumptive range of 31-41 months, while someone with a higher Offender Score faces a longer range. Additionally, statutory mandatory minimums or special findings may apply—always check the current text of RCW 46.61.520 and consult with legal counsel.

Question 2

Is Vehicular Homicide the same as vehicular manslaughter in Washington?

Accepted Answer

In Washington State, the offense is legally called "Vehicular Homicide" under RCW 46.61.520. Some other states use the term "vehicular manslaughter" for similar offenses. While the terminology differs, the core concept—causing death through unlawful operation of a vehicle—is comparable. However, Washington's statute and sentencing structure are specific to this state, so this calculator addresses only Washington law. If you're researching cases from other jurisdictions, be aware that sentencing grids, elements of the offense, and mandatory minimums will differ.

Question 3

What is the difference between DUI, Reckless, and Disregard variants?

Accepted Answer

Washington's Vehicular Homicide statute recognizes three variants, each with different elements and sentencing consequences:

1. Under the Influence (DUI): Death caused while driving under the influence of intoxicating liquor or drugs. This is the most serious variant, classified as Offense Seriousness Level (OSL) XI.

2. Reckless Manner: Death caused by operating a vehicle in a reckless manner. Also OSL XI, this variant requires proof of recklessness (conscious disregard of a substantial risk).

3. Disregard for Safety: Death caused by driving with disregard for the safety of others. This is the least serious variant, classified as OSL VII, and typically results in lower presumptive ranges.

The variant charged determines which row of the sentencing grid applies, directly affecting the sentencing range. Prosecutors choose which variant to charge based on the evidence and circumstances of the case.

Question 4

What are sentencing enhancements in Washington State?

Accepted Answer

Sentencing enhancements are additional time added to a presumptive sentence for certain aggravating factors, such as prior felony convictions, presence of a minor passenger, or multiple victims. Enhancements are applied consecutively to the base sentence under RCW 9.94A.533 and related provisions. For Vehicular Homicide specifically, common enhancements include +24 months for each prior vehicular homicide or vehicular assault conviction, and +12 months if a minor passenger under 16 was present.

Question 5

Can multiple enhancements apply at once?

Accepted Answer

Yes. If multiple aggravating factors exist, such as prior convictions and minor passengers, the enhancement times are cumulative and added to the presumptive sentencing range. For example, if someone has 2 prior vehicular homicide convictions (+48 months) and had a minor passenger (+12 months), the total enhancement would be +60 months added to the base range from the sentencing grid.

Question 6

Does the calculator include community custody, fines, or other conditions?

Accepted Answer

No, this calculator shows only the presumptive confinement range (in months) from the Washington State sentencing grid. Courts may also impose additional sanctions including:

• Community Custody: Supervised release following incarceration, which may include conditions such as treatment programs, electronic monitoring, or other restrictions.

• Fines: Maximum fines for felony offenses are set by RCW 9A.20.021. Vehicular Homicide is a Class A felony, with a maximum fine of $50,000.

• Restitution: The court will likely order restitution to the victim's family for economic losses.

• Treatment: Alcohol or drug treatment may be required, especially in DUI-related cases.

These additional conditions are determined on a case-by-case basis and are not reflected in the grid calculation.

Question 7

What factors affect the Offender Score for Vehicular Homicide?

Accepted Answer

The Offender Score is calculated based on the defendant's criminal history and can range from 0 (no prior record) to 9 or higher. Key factors include:

1. Prior Felony Convictions: Each prior felony conviction typically adds points to the score. Violent felonies may count more heavily.

2. Washout Periods: Some older convictions may "wash out" and not count toward the score, depending on the time elapsed and the nature of the offense.

3. Juvenile Adjudications: Certain juvenile offenses may count toward the adult Offender Score under specific circumstances.

4. Current Offenses: If multiple offenses are being sentenced at the same time, this may affect the calculation.

5. Out-of-State Convictions: Convictions from other states are classified according to Washington law and may count toward the score.

The Offender Score calculation is complex and governed by RCW 9.94A.525. Use the Offender Score Wizard in this calculator for guided calculation, or consult with a criminal defense attorney for an accurate assessment.

Washington Vehicular Homicide Sentencing Guidelines Calculator

RCW 46.61.520 — DUI / Reckless / Disregard for Safety

Legal Disclaimer

Sentencing Enhancements

Important Disclaimers

Frequently Asked Questions

What is the minimum sentence for Vehicular Homicide in Washington?

Is Vehicular Homicide the same as vehicular manslaughter in Washington?

What is the difference between DUI, Reckless, and Disregard variants?

What are sentencing enhancements in Washington State?

Can multiple enhancements apply at once?

Does the calculator include community custody, fines, or other conditions?

What factors affect the Offender Score for Vehicular Homicide?

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