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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

OffenseWhat it takesLevel
OffenseOperation of a vehicle causing deathWhat it takesA traffic violation, other than impaired driving, that causes a deathLevelUnclassified misdemeanor, up to $1,150 and 30 months for a first
OffenseVehicular homicide, second degreeWhat it takesCriminally negligent driving that causes a death, or negligent driving while impairedLevelClass D felony
OffenseVehicular homicide, first degreeWhat it takesCriminally negligent driving while impaired that causes a deathLevelClass C felony, with a minimum of 2 years
  • 21 Del. C. § 4176A
  • 11 Del. C. § 630
  • 11 Del. C. § 630A
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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.

  • 11 Del. C. § 630

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.

  • 21 Del. C. § 4176E

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.

  • 11 Del. C. § 630
Sources for this section (4)
  1. 11 Del. C. § 630 — Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders
  2. 11 Del. C. § 630A — Vehicular homicide in the first degree; class C felony; minimum sentence; juvenile offenders
  3. 21 Del. C. § 4176A — Operation of a vehicle causing death; unclassified misdemeanor
  4. 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.

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