Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 1. Homicide
Montana Code Annotated

Mont. Code Ann. § 45-5-106 (2026)

Vehicular Homicide While Under Influence

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 1
  5. 45-5-106 Vehicular homicide while under influence

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 1. Homicide

Vehicular Homicide While Under Influence

45-5-106. Vehicular homicide while under influence. (1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002.

(2) Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102(1)(b).

(3) A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.

(4) If the victim has a surviving minor child, a person convicted of vehicular homicide while under the influence must be ordered to pay restitution pursuant to 46-18-240.

History: En. Sec. 1, Ch. 426, L. 2005; amd. Sec. 2, Ch. 153, L. 2013; amd. Sec. 20, Ch. 498, L. 2021; amd. Sec. 2, Ch. 509, L. 2025.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2008–2025 · leading case: United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008).
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United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 2× “§ 76-5-207 (3)(a) (offense called "automobile homicide, a second degree felony" and requires criminal negligence and proof of intoxication); Mont.Code Ann. § 45-5-106 (offense of "vehicular homicide while under influence" and requires negligence that is a gross deviation from…”
State v. Coluccio, 2009 MT 273 (Mont. 2009). · cites it 2× “¶ 19 Coluccio does not appeal from the jury's factual conclusion that he drove under the influence of alcohol.”
State v. Jay, 2013 MT 79 (Mont. 2013). · cites it 3× “” Section 45-5-106, MCA. The statute incorporates the elements of a DUI offense as necessary elements of the Vehicular Homicide offense.”
State v. Baker, 2008 MT 396 (Mont. 2008). · cites it 3× “” Section 45-5-106(3), MCA. Here, the District Court sentenced Baker to fewer years in prison than allowed by statute for each of her two convictions of vehicular homicide while under the influence.”
State v. Pol, 2008 MT 352 (Mont. 2008). · cites it 4× “See § 45-5-106(1), MCA. Because DUI is a strict liability offense, a test that reveals the defendant's breath alcohol concentration often is the critical proof establishing the defendant was driving under the influence of alcohol.”
State v. L. Loera, 2025 MT 84 (Mont. 2025). · cites it 15× “” ¶7 Relevant to this appeal, the State charged Loera for Socheath’s death with felony vehicular homicide while under the influence, in violation of § 45-5-106, MCA (2019).2 The State later amended the information as to the vehicular homicide offense, specifying 2 The 2021…”
State v. K. Jensen, 2020 MT 309 (Mont. 2020). · cites it 6× “2 ¶4 On July 15, 2016, the Yellowstone County Attorney’s Office charged Jensen with Vehicular Homicide While Under the Influence pursuant to § 45-5-106, MCA. The State alleged Jensen was impaired, citing § 61-8-411, MCA, which makes operating a motor vehicle with a THC level…”
L. Hylton v. A. Scanton (Mont. 2021). · cites it 4× “In August 2008, the State of Montana charged Hylton with two counts of vehicular homicide while under the influence, pursuant to § 45-5-106, MCA (2007), and three counts ofcriminal endangerment, pursuant to § 45-5-207, MCA (2007),after Hylton drove a vehicle without its…”
State v. J. Canfield, 2024 MT 151N (Mont. 2024). · cites it 3× “2 ¶4 The State filed five charges against Canfield: Negligent Homicide pursuant to § 45-5-104, MCA, which was later amended to include an alternative charge of Vehicular Homicide while Under the Influence pursuant to § 45-5-106, MCA; three charges of Criminal Endangerment…”
State v. C. Lapointe, 2025 MT 124 (Mont. 2025). · cites it 3× “Section 45-5-106(1), MCA (2019). Negligent Vehicular Assault, § 45-5-205(1), MCA (2019), is committed when a person “negligently operates a vehicle .”
State v. Shepherd, 2017 MT 205N (Mont. 2017). · cites it 2× “14 blood alcohol concentration at the time of the incident, and the State charged him with one count of Vehicular Homicide While Under Influence, in violation of § 45-5-106, MCA. ¶3 On October 12, 2010, Shepherd, represented by counsel, entered a plea agreement with the State,…”
Davidson v. Nolan (Mont. 2021). · cites it 2× “The sentencing judge found that the restriction was necessary for the protection of society because of the circumstances of Davidson's offense.”
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— Mont. Code Ann. § 45-5-106(1) — 4 cases
State v. Coluccio, 2009 MT 273 (Mont. 2009). “¶ 19 Coluccio does not appeal from the jury's factual conclusion that he drove under the influence of alcohol.”
State v. Pol, 2008 MT 352 (Mont. 2008). “See § 45-5-106(1), MCA. Because DUI is a strict liability offense, a test that reveals the defendant's breath alcohol concentration often is the critical proof establishing the defendant was driving under the influence of alcohol.”
State v. L. Loera, 2025 MT 84 (Mont. 2025). “” ¶7 Relevant to this appeal, the State charged Loera for Socheath’s death with felony vehicular homicide while under the influence, in violation of § 45-5-106, MCA (2019).2 The State later amended the information as to the vehicular homicide offense, specifying 2 The 2021…”
State v. C. Lapointe, 2025 MT 124 (Mont. 2025). “Section 45-5-106(1), MCA (2019). Negligent Vehicular Assault, § 45-5-205(1), MCA (2019), is committed when a person “negligently operates a vehicle .”
— Mont. Code Ann. § 45-5-106(3) — 3 cases
State v. Baker, 2008 MT 396 (Mont. 2008). “” Section 45-5-106(3), MCA. Here, the District Court sentenced Baker to fewer years in prison than allowed by statute for each of her two convictions of vehicular homicide while under the influence.”
Davidson v. Nolan (Mont. 2021). “The sentencing judge found that the restriction was necessary for the protection of society because of the circumstances of Davidson's offense.”
L. Hylton v. A. Scanton (Mont. 2021). “In August 2008, the State of Montana charged Hylton with two counts of vehicular homicide while under the influence, pursuant to § 45-5-106, MCA (2007), and three counts ofcriminal endangerment, pursuant to § 45-5-207, MCA (2007),after Hylton drove a vehicle without its…”
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