Fla. Stat. § 782.071
Vehicular Homicide
You can be charged with vehicular homicide without any alcohol involved — reckless driving that causes death is enough. Here is how it works and how it differs from DUI manslaughter.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Recklessness, Not Intoxication
Unlike DUI manslaughter, vehicular homicide under § 782.071 requires no alcohol or drugs. It is a death caused by driving in a reckless manner likely to cause death or great bodily harm — more than ordinary carelessness or a simple traffic mistake.
The Governing Statute
Fla. Stat. § 782.071 — Vehicular Homicide
""Vehicular homicide" is the killing of a human being … caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
Read the full statute on Online Sunshine →
The key battleground is whether the driving was truly "reckless" (a criminal standard) or merely negligent (which is not vehicular homicide).
The Actual Penalties
Vehicular Homicide — Statutory Penalties
Second-degree felony: up to 15 years in prison, up to $10,000 fine.
First-degree felony (if the driver left the scene, § 782.071(1)(b)): up to 30 years.
License revocation and a permanent felony record also apply.
First-degree felony (if the driver left the scene, § 782.071(1)(b)): up to 30 years.
License revocation and a permanent felony record also apply.
What a Defense Attorney Looks For
- Recklessness vs. negligence. The central issue — ordinary negligence is not vehicular homicide.
- Causation. Whether the driving actually caused the death.
- Accident reconstruction that contradicts the State’s theory.
- Whether leaving the scene truly occurred, given the first-degree enhancement.
Frequently Asked Questions
What is the difference between vehicular homicide and DUI manslaughter in Florida?
DUI manslaughter requires impairment by alcohol or drugs. Vehicular homicide (§ 782.071) requires only reckless driving that causes death — no intoxication needed. Both are serious felonies.
Is careless driving that causes death vehicular homicide in Florida?
Not necessarily. Vehicular homicide requires "reckless" driving — a higher standard than ordinary carelessness or negligence. Whether the driving crossed that line is often the central issue in the case.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 782.071 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.