Columbus OVI/DUI Attorney Blog
The Ohio laws prohibiting Vehicular Homicide and Vehicular Assault only apply if certain vehicles are used in the commission of the offense. For example, someone who causes the death of another person while riding a bicycle under the influence cannot be convicted of Aggravated Vehicular Homicide because ‘bicycle’ is not a vehicle listed in the statutes. The list of applicable vehicles has changed over the last couple years and will soon change again.
The Listed Vehicles Before 2024
The Ohio statutes for Vehicular Homicide (ORC 2903.06) and Vehicular Assault (ORC 2903.08) specify the vehicles to which the statutes apply. The vehicles are the same for both statutes.
Before April of 2024, the applicable vehicles were: motor vehicle, motorcycle, snowmobile, locomotive, watercraft, and aircraft. The statutes read as follows:
No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another [or serious physical harm to another] or the unlawful termination of another’s pregnancy in any of the following ways: ***
Stat v. Fork
In March of 2024, the Ohio Supreme Court decided the case of State v. Fork. In that case, the defendant was convicted of Aggravated Vehicular Assault. The defendant was operating a ‘utility vehicle’. The Court concluded that, applying the correct statutory definition, a ‘utility vehicle’ was not a ‘motor vehicle’. Therefore, Fork could not be convicted of Aggravated Vehicular Assault.
Effective April 9, 2025, the Ohio legislature changed the list of vehicles which could be used to commit the offenses of Vehicular Homicide and Vehicular Assault. Ohio Revised Code sections 2903.06 and 2903.08 were amended to add ‘utility vehicle’ and ‘mini-truck’.
House Bill 533
The Ohio legislature has again added to the list of vehicles which can be used to commit these two offenses. House Bill 533 was signed by the governor on July 7, 2026 and becomes effective on October 6, 2026. Sections 2903.06 and 2903.08 were amended to add the following vehicles to the list: ‘under-speed vehicle’ (i.e., golf cart), ‘motorized bicycle or moped’, ‘motor-driven cycle or motor scooter’, and ‘all-purpose vehicle’ (i.e., ATV). The definitions for the vehicles added to the list are in ORC 4501.01 and ORC 4519.01.
Some Vehicles Still Not Included
Interestingly, the growing list of vehicles does not include ‘farm machinery’, ‘low-speed micromobility device’ (electric scooter), ‘low-speed vehicle’, or ‘electric bicycle’. After a Vehicular Homicide or Vehicular Assault is dismissed because the vehicle was farm machinery, a Bird scooter, or an electric bicycle, the legislature will add that vehicle it to the list (one-at-a-time).