Maryland can charge a fatal crash under several different statutes. The most serious, manslaughter by vehicle, requires gross negligence and carries up to 10 years. The impaired-driving homicide charges need only ordinary negligence plus impairment, and carry 3 to 5 years for a first offense.
- Gross negligence Up to 10 years · felony Crim. Law §2-209
- Criminal negligence Up to 3 years · misdemeanor Crim. Law §2-210
- Under the influence Up to 5 years · felony Crim. Law §2-503
- Leaving the scene Up to 10 years if you knew or should have known Transp. §20-102
Jump to: The charges · Levels of fault · Impairment cases · Life-threatening injury · Leaving the scene · Phone use · Your license · Evidence · FAQ
A fatal crash is a tragedy for everyone involved. It is not automatically a crime. Maryland law separates crashes that are accidents from crashes that are homicides by looking at two things: how careless the driving was, and whether the driver was impaired.
Prosecutors have several statutes to choose from, and they often charge more than one for the same crash. Here is what each one requires, what it carries, and what happens to your license.
The charges, side by side
| Charge | What the State must prove | First offense (maximum) | Repeat offense (maximum) |
|---|---|---|---|
| Manslaughter by vehicle or vessel — §2-209 | Gross negligence: “a wanton or reckless disregard for human life” | Felony: 10 years and/or $5,000 | 15 years and/or $10,000 |
| Criminally negligent manslaughter — §2-210 | A substantial and unjustifiable risk you should have seen, and failing to see it was a gross deviation from reasonable care | Misdemeanor: 3 years and/or $5,000 | Felony: 5 years and/or $10,000 |
| Homicide while under the influence or per se — §2-503 | Negligent driving while under the influence of alcohol, or at 0.08 or more | Felony: 5 years and/or $5,000 | 10 years and/or $10,000 |
| Homicide while impaired by alcohol — §2-504 | Negligent driving while impaired by alcohol | Felony: 3 years and/or $5,000 | 5 years and/or $10,000 |
| Homicide while impaired by drugs — §2-505 | Negligent driving while so impaired by a drug, or drugs and alcohol, that you could not drive safely | Felony: 5 years and/or $5,000 | 10 years and/or $10,000 |
| Homicide while impaired by a controlled dangerous substance — §2-506 | Negligent driving while impaired by a controlled substance you were not entitled to use | Felony: 5 years and/or $5,000 | 10 years and/or $10,000 |
Repeat maximums apply after a prior conviction for any of these, for life-threatening injury by vehicle, or for any DUI or DWI, with no look-back period; out-of-state and federal convictions count. None of these charges carries a mandatory minimum. Source: Md. Code, Criminal Law §§2-209, 2-210 and 2-503 to 2-506.
Two things stand out. First, the impaired-driving homicide statutes do not require gross negligence. Ordinary negligence plus impairment is enough, which is why those counts are so often charged alongside manslaughter. Second, ordinary negligence alone, with no impairment, is not a crime under these statutes. Section 2-210 says so expressly.
It is common for an indictment to charge several of these counts for a single death, for example manslaughter under §2-209 together with homicide while under the influence under §2-503. How overlapping counts are resolved at sentencing depends on the case.
Gross negligence, criminal negligence and ordinary negligence
The difference between these standards is often the whole case.
- Gross negligence (§2-209) means “a wanton or reckless disregard for human life,” as Maryland’s appellate court described it in Plummer v. State (1997). It is conduct so reckless that it shows indifference to whether someone gets killed.
- Criminal negligence (§2-210) is a step lower. The driver should have been aware of a substantial and unjustifiable risk of death and failed to perceive it, and that failure was a gross deviation from how a reasonable driver would act.
- Ordinary negligence is the everyday carelessness behind most crashes and most civil lawsuits. On its own, it is not a crime under these statutes.
Where a particular set of facts falls on that scale, whether speed, a moment of distraction, a pattern of reckless driving or a split-second decision, is often the central fight. It turns on reconstruction, video and witness accounts far more than on the fact that someone died.
When impairment is part of the case
The homicide-while-impaired charges in §§2-503 to 2-506 mirror Maryland’s DUI and DWI law. “Per se” means a test result of 0.08 or more at the time of testing, and a lower result can still support a charge of driving while impaired. Our guide to Maryland’s BAC limits explains how each number is treated.
Impairment alone is not enough. The State must also prove that the driving was negligent and that it caused the death. For drug cases, a valid prescription is not a defense unless the driver did not know the drug would make safe driving impossible, a rule our article on prescription medication and DUI covers in depth.
When no one dies: life-threatening injury
When an impaired driver causes a “life-threatening injury” rather than a death, the charge is under Criminal Law §3-211. The statute does not define the term, but Maryland’s appellate court has upheld it against a challenge that it is too vague.
| Life-threatening injury while | First offense (maximum) | Repeat offense (maximum) |
|---|---|---|
| Under the influence of alcohol, or per se | 3 years and/or $5,000 | 5 years and/or $10,000 |
| Impaired by alcohol | 2 years and/or $3,000 | 5 years and/or $10,000 |
| Impaired by drugs | 2 years and/or $3,000 | 5 years and/or $10,000 |
| Impaired by a controlled dangerous substance | 3 years and/or $5,000 | 5 years and/or $10,000 |
All four versions are misdemeanors, even for a repeat offense. Source: Md. Code, Criminal Law §3-211.
Leaving the scene of a fatal crash
A driver involved in a crash that kills someone must stop immediately, return to and remain at the scene, and give aid and identifying information (Transportation §20-102). Failing to do so is a separate crime from anything that caused the crash:
- Leaving after a crash that caused a death: up to 5 years and/or $5,000.
- If the driver knew or reasonably should have known the crash might cause a death, and it did: a felony, up to 10 years and/or $10,000.
- The same for serious bodily injury: a felony, up to 5 years and/or $5,000.
Leaving the scene of a crash causing bodily injury or death also carries 12 points, and since October 1, 2025, a conviction for leaving the scene of a crash that caused death or serious bodily injury requires the MVA to revoke the license.
Phone use: Jake’s Law
Maryland makes it a separate crime to cause a crash that directly results in death or serious bodily injury while texting or using a handheld phone (Transportation §21-1124.3). It carries up to 1 year and/or $5,000, plus 12 points. It is commonly called Jake’s Law.
What happens to your license
Under Transportation §16-205(b), the MVA must revoke the license of anyone convicted of homicide by motor vehicle while under the influence or impaired (§§2-503 to 2-506). Since October 1, 2025, it must also revoke for:
- a DUI or DWI conviction where the driving contributed to a crash that caused a death or life-threatening injury; and
- a conviction for leaving the scene of a crash that caused a death or serious bodily injury.
After one of these revocations, you cannot apply for reinstatement for 5 years from the day the license is surrendered, or 2 years if the MVA finds undue hardship or extenuating circumstances, and reinstatement is still up to the MVA (§16-208). No temporary license is issued while the revocation is on administrative appeal, and an ignition interlock is mandatory after a revocation for an alcohol-related homicide.
Manslaughter under §2-209 is not on that mandatory list, but it carries 12 points as a homicide by vehicle, and 12 points means revocation under the point system.
The evidence that decides these cases
- Crash reconstruction: speed, sight lines, braking, and the other driver’s actions.
- Vehicle data: event data recorders (“black boxes”) and infotainment systems.
- Video: body cameras, dash cameras, traffic cameras, doorbells and nearby businesses.
- Toxicology: when blood was drawn, by whom, how it was stored and what was actually tested.
- Medical records: cause of death and whether anything else contributed to it.
- Phone records, road design, lighting and weather.
Much of this evidence is perishable. Vehicles are repaired or salvaged, video is recorded over and scenes change. An early independent investigation can preserve what the State’s version leaves out.
If you were involved in a fatal crash
- Stay at the scene, call 911 and give aid. Leaving can be a separate felony.
- Don’t discuss fault, speed, drinking, drugs or phone use with anyone before talking to a lawyer, including insurance adjusters.
- Don’t delete anything: texts, photos, location history, dash-cam footage or vehicle data.
- Keep towing, repair, medical and insurance paperwork.
- Get a defense lawyer involved early, while the vehicles, the scene and the video still exist.
Frequently asked questions
What is the penalty for vehicular manslaughter in Maryland?
Manslaughter by vehicle or vessel under Criminal Law §2-209 is a felony punishable by up to 10 years and a $5,000 fine for a first offense, and up to 15 years and $10,000 after a qualifying prior conviction. There is no mandatory minimum.
Is vehicular manslaughter a felony in Maryland?
Manslaughter by vehicle under §2-209 is always a felony. Criminally negligent manslaughter under §2-210 is a misdemeanor for a first offense and a felony only for a repeat offense. The impaired-driving homicide charges in §§2-503 to 2-506 are felonies.
What is the difference between gross negligence and criminal negligence?
Gross negligence, required for manslaughter under §2-209, means a wanton or reckless disregard for human life. Criminal negligence under §2-210 is a lower standard: failing to perceive a substantial and unjustifiable risk of death, where that failure is a gross deviation from how a reasonable driver would act. Ordinary carelessness is neither.
Can you be charged with manslaughter and DUI homicide for the same crash?
Yes. Prosecutors often charge several homicide counts for one death, such as manslaughter under §2-209 alongside homicide while under the influence under §2-503. How the counts are resolved at sentencing depends on the case.
Will I lose my license after a fatal crash in Maryland?
A conviction for homicide by motor vehicle while under the influence or impaired requires the MVA to revoke your license. Since October 1, 2025, so does a DUI or DWI conviction where the driving contributed to a death or life-threatening injury, and a conviction for leaving the scene of a crash that caused death or serious injury. Reinstatement generally cannot be requested for 5 years, or 2 with a hardship finding.
Talk to a Maryland defense attorney
These cases move quickly and carry life-changing stakes on every side. If you are under investigation or have been charged after a serious or fatal crash, Cochran & Chhabra Law Group offers free, confidential consultations. Request a consultation or call 410.268.5515. Learn more about our DUI and DWI defense and criminal defense practices.
Sources
- Md. Code, Criminal Law §2-209 (manslaughter by vehicle or vessel)
- Md. Code, Criminal Law §2-210 (criminally negligent manslaughter)
- Md. Code, Criminal Law §2-503 (homicide while under the influence)
- Md. Code, Criminal Law §2-504 (homicide while impaired by alcohol)
- Md. Code, Criminal Law §2-505 (homicide while impaired by drugs)
- Md. Code, Criminal Law §2-506 (homicide while impaired by a controlled dangerous substance)
- Md. Code, Criminal Law §3-211 (life-threatening injury by vehicle)
- Md. Code, Transportation §20-102 (duty to remain at the scene)
- Md. Code, Transportation §21-1124.3 (phone use causing death or serious injury)
- Md. Code, Transportation §16-205 (mandatory revocation)
- Md. Code, Transportation §16-208 (reinstatement after revocation)
- Md. Code, Transportation §16-402 (points)
- Plummer v. State (Md. App. 1997)
- Todd v. State (Md. App. 2005)
- 2025 Md. Laws Ch. 366 (SB 207)
Updated September 25, 2026. This article provides general information about Maryland law, not legal advice for your situation.