(a1) Felony Death by Vehicle

• (1) The person unintentionally causes the death of another person,
• (2) The person was engaged in the offense of impaired driving under G.S. 20138.1 or G.S. 20-138.2, and
• (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(a2) Misdemeanor Death By Vehicle

• (1) The person unintentionally causes the death of another person,
• (2) The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and
• (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(a3) Felony Serious Injury by Vehicle

• (1) The person unintentionally causes serious injury to another person,
• (2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and
• (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(a4) Aggravated Felony Serious Injury by Vehicle

• (1) The person unintentionally causes serious injury to another person,
• (2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,
• (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury, and
• (4) The person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01 (24a), within seven years of the date of the offense.

(a6) Repeat Felony Death by Vehicle Offender

• (1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and

• (2) The person has a previous conviction under:

  a. Subsection (a1) of this section;

  b. Subsection (a5) of this section; or

  c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2.

The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.

A person convicted under this subsection shall be subject to the same sentence as if the person had been convicted of second degree murder.

(b) Punishments

Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

• (1) Aggravated felony death by vehicle is a Class D felony.
• (2) Felony death by vehicle is a Class E felony.
• (3) Aggravated felony serious injury by vehicle is a Class E felony.
• (4) Felony serious injury by vehicle is a Class F felony.
• (5) Misdemeanor death by vehicle is a Class A1 misdemeanor.