(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated;
(B) (i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance.
(ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206;
(C) While passing a stopped school bus in violation of § 27-51-1004; or
(D) While fatigued.
(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.
(b) (1) A person commits negligent homicide if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor.
(c) As used in this section:
(1) "Fatigued" means:
(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or
(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and
(2) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical injury or death to himself or herself or to another person.
Section: Previous 5-10-102 5-10-103 5-10-104 5-10-105 5-10-106 NextLast modified: November 15, 2016