§ 5-10-105 - Negligent homicide.
5-10-105. Negligent homicide.
(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 breath, blood, and urine concentration in 5-65-204, as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.
(ii) The method of chemical analysis of the person's blood, urine, or breath shall be made in accordance with 5-65-204 and 5-65-206; or
(C) While passing a stopped school bus in violation of 27-51-1004.
(2) A person who violates subdivision (a)(1) of this section 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 is guilty of a Class A misdemeanor.
(c) As used in this section, "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 driver's reactions, motor skills, and judgment are substantially altered and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself or herself and other motorists or pedestrians.