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The short answer
A fatal crash does not automatically prove vehicular manslaughter. Maryland has several different charges, and prosecutors must prove the exact level of negligence or impairment required by the statute.
Current maximum penalties for a first offense
| Charge | Maximum |
|---|---|
| Gross-negligence manslaughter by vehicle or vessel (§ 2-209) | 10 years and/or $5,000 |
| Criminally negligent manslaughter (§ 2-210) | 3 years and/or $5,000 |
| Homicide while under the influence of alcohol or per se (§ 2-503) | 5 years and/or $5,000 |
| Homicide while impaired by alcohol (§ 2-504) | 3 years and/or $5,000 |
| Homicide while impaired by drugs or a controlled dangerous substance (§§ 2-505–506) | 5 years and/or $5,000 |
Qualifying prior convictions can raise several maximum penalties. The charge, date, and criminal history must be reviewed individually.
What is the difference between the charges?
Gross negligence alleges a reckless disregard for human life. Criminal negligence uses a separate statutory standard focused on a substantial and unjustifiable risk the driver should have perceived. Alcohol- and drug-related homicide charges require proof of impairment or influence and causation.
Evidence that may matter
- Crash reconstruction and vehicle data
- Body-camera, dash-camera, and surveillance video
- Breath, blood, and toxicology testing
- Medical and prescription records
- Phone records, witness accounts, and road conditions
What to do after a fatal crash
- Do not discuss fault, speed, alcohol, drugs, or phone use before speaking with counsel.
- Do not delete messages, photos, location history, or vehicle data.
- Preserve medical, towing, insurance, and repair records.
- Contact counsel quickly so independent evidence can be preserved.
Visit our Maryland DUI and DWI defense page, or call 410.268.5515.
Reviewed by Mandeep S. Chhabra, Managing Member, August 2026. This article provides general information about Maryland law and is not legal advice.