Most people probably think of Vehicular Homicide and Vehicular Assault being committed with cars and trucks. Under Ohio law, however, those offenses are not limited to conventional automobiles. They can involve motorcycles, boats, snowmobiles, and other types of vehicles. Effective October 6, 2026, Ohio is expanding the list of vehicles which can be used to commit these offenses.
Why the List of Vehicles is Important
Ohio Revised Code sections 2903.06 and 2903.08 define the offenses of Vehicular Homicide and Vehicular Assault. Those statutes specifically identify the vehicles to which the statutes apply. Historically, those statutes applied to a person operating, or participating in the operation of, a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft. If the vehicle involved in an alleged offense is not listed in the statute, a defendant may not be convicted of the offense.
That statutory language became particularly important in the Ohio Supreme Court case of State v. Fork. The defendant in Fork was operating what Ohio law classified as a “utility vehicle.” He was convicted of Aggravated Vehicular Assault, but the Ohio Supreme Court concluded the utility vehicle did not meet the applicable statutory definition of a “motor vehicle.”
Because a utility vehicle was not included among the vehicles listed in the Vehicular Assault statute, the defendant could not be convicted of Aggravated Vehicular Assault. The decision illustrated an important principle: the laws for Vehicular Homicide and Vehicular Assault apply to the vehicles actually identified by the legislature rather than simply applying to anything with wheels and a motor.
Ohio Legislature Responds to State v. Fork
The Ohio General Assembly subsequently amended the Vehicular Homicide and Vehicular Assault statutes. Effective April 9, 2025, Ohio Revised Code sections 2903.06 and 2903.08 were expanded to include two additional categories: “utility vehicle” and “mini-truck.” That amendment effectively addressed the statutory gap highlighted by Fork. But the legislature did not stop there.
House Bill 533 Expands the List Again
In 2026, the Ohio General Assembly passed House Bill 533, which further expands the types of vehicles covered by Ohio’s Vehicular Homicide and Vehicular Assault laws. The bill was signed by the governor on July 7, 2026, and becomes effective October 6, 2026.
The amended statutes add four categories of vehicles:
- under-speed vehicles, which include many golf carts;
- motorized bicycles and mopeds;
- motor-driven cycles and motor scooters; and
- all-purpose vehicles, which include ATVs.
The definitions of these vehicles are found in Ohio Revised Code sections 4501.01 and 4519.01.
The change is significant because conduct involving one of these vehicles could now result in a Vehicular Homicide or Vehicular Assault prosecution when the other elements of the offense are established. For example, operating a golf cart under the influence and causing a fatal collision raises a very different legal issue once an under-speed vehicle is expressly included in the Vehicular Homicide statute.
Some Vehicles Remain Unlisted in the Statutes
Despite the recent expansion, Ohio’s Vehicular Homicide and Vehicular Assault statutes still do not encompass every device a person might use for transportation. Among the categories not specifically included are farm machinery, low-speed micromobility devices such as electric scooters, low-speed vehicles, and electric bicycles.
That distinction can produce results which may initially seem surprising. A person could engage in the same conduct and cause the same type of injury or death, but the person’s criminal liability depends upon the particular type of vehicle being operated.
An example is a motorized bicycle compared to an electric bicycle. If an intoxicated person operates a motorized bicycle under the influence and causes the death of another person, the bike rider could be convicted of Aggravated Vehicular Homicide. However, if the same intoxicated person were instead operating an e-bike, the bike rider could not be convicted of Aggravated Vehicular Homicide.
Ohio’s List of Covered Vehicles Is Likely to Grow
The evolution of these statutes demonstrates the interaction among technology, court decisions, and legislation. After the Ohio Supreme Court’s decision in State v. Fork, the legislature expanded the statutes to include utility vehicles and mini-trucks. House Bill 533 now adds several more types of vehicles to the list.
Even with these additions, however, the statutes do not cover every form of transportation. As new types of vehicles and mobility devices are used more commonly, they will be involved in accidents which cause serious injury and death. Ohio lawmakers will continue to confront the question of which ones should be subject to the state’s Vehicular Homicide and Vehicular Assault laws.
About the Author: Shawn Dominy is a leading DUI/OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. The Dominy Law Firm is recognized in Best Law Firms In America® for DUI defense and criminal defense and holds an A+ rating with the Better Business Bureau.
Shawn Dominy is the past President of the Ohio Association of Criminal Defense Lawyers, the state delegate to the National College for DUI Defense and a founding member of the national DUI Defense Lawyers Association. He is rated “AV Preeminent” by Martindale Hubbel®, was named by SuperLawyers® as one of the top 50 lawyers in Columbus, Ohio, and is recognized in Best Lawyers In America®for DUI defense and criminal defense.
Shawn Dominy authored the Ohio DUI/OVI Guide, the Ohio Vehicular Homicide Guide, and the Ohio Vehicular Assault Guide. He also wrote a chapter of Defending DUI Vehicular Homicide Cases (2012, West/Aspatore) and contributed a section of Drunk Driving Defense, 9th Edition (2021, Walters Kluwer). His magazine articles have been featured in state and national publications, and he is a frequent speaker at seminars in which he teaches other lawyers about DUI/OVI, serious vehicular crimes, and trial skills.
Shawn Dominy can be reached through his law firm’s website: Dominy Law Firm.
