1. (a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while:

   1. (1) under the influence of alcohol; or
   2. (2) under the influence of alcohol per se.

2. (b) A violation of this section is:

   1. (1) homicide by motor vehicle or vessel while under the influence of alcohol; or
   2. (2) homicide by motor vehicle or vessel while under the influence of alcohol per se.

3. (c)

   1. (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

   2. (2)

      1. (i) A person who violates this section, having previously been convicted under this section, § 2-209, § 2-210, § 2-504, § 2-505, § 2-506, or § 3-211 of this article, or § 21-902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
      2. (ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2-209, § 2-210, § 2-504, § 2-505, § 2-506, or § 3-211 of this article, or § 21-902 of the Transportation Article, shall be considered a violation of this section.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 420, § 1, eff. Oct. 1, 2002; Acts 2016, c. 517, § 1, eff. Oct. 1, 2016; Acts 2016, c. 518, § 1, eff. Oct. 1, 2016; Acts 2019, c. 20, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 388A.