A Death Behind the Wheel
11 Del. C. § 630 — vehicular homicide is a felony, and a traffic violation that kills is a misdemeanor of up to 30 months
| Offense | What it takes | Level |
|---|---|---|
| OffenseOperation of a vehicle causing death | What it takesA traffic violation, other than impaired driving, that causes a death | LevelUnclassified misdemeanor, up to $1,150 and 30 months for a first |
| OffenseVehicular homicide, second degree | What it takesCriminally negligent driving that causes a death, or negligent driving while impaired | LevelClass D felony |
| OffenseVehicular homicide, first degree | What it takesCriminally negligent driving while impaired that causes a death | LevelClass C felony, with a minimum of 2 years |
Where impairment is the basis of the second degree offense, the minimum sentence is 1 year, served without probation or parole during that first year.
A vulnerable user. A traffic violation that causes serious physical injury to a pedestrian, a road worker, a cyclist, a person on a scooter, skateboard, motorcycle or wheelchair, or someone on horseback, is a violation carrying a fine of $550, a suspension of up to 1 year, a traffic safety course, and 10 to 100 hours of community service.
A civil claim for the death is a separate case with its own deadline. A particular case is a question for a licensed Delaware attorney.
Sources for this section (4)
- 11 Del. C. § 630 — Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders
- 11 Del. C. § 630A — Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders
- 21 Del. C. § 4176A — Operation of a vehicle causing death; unclassified misdemeanor
- 21 Del. C. § 4176E — Operation of a vehicle causing serious physical injury to a vulnerable user
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.