O.C.G.A 40-6-393
Homicide by Vehicle
(a) Any person who, without malice aforethought, causes the death of
another person through the violation of subsection (a) of Code
Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code
Section 40-6-390 or 40-6-391 or subsection (a) of Code Section
40-6-395 commits the offense of homicide by vehicle in the first
degree and, upon conviction thereof, shall be punished by
imprisonment for not less than three years nor more than 15 years.
(b) Any person who causes the death of another person, without an
intention to do so, by violating any provision of this title other
than subsection (a) of Code Section 40-6-163 or subsection (b) of
Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or
subsection (a) of Code Section 40-6-395 commits the offense of
homicide by vehicle in the second degree when such violation is the
cause of said death and, upon conviction thereof, shall be punished
as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as
determined under Code Section 40-5-58 and while such person's
license is in revocation, causes the death of another person,
without malice aforethought, by operation of a motor vehicle,
commits the offense of homicide by vehicle in the first degree and,
upon conviction thereof, shall be punished by imprisonment for not
less than five years nor more than 20 years, and adjudication of
guilt or imposition of such sentence for a person so convicted may
be suspended, probated, deferred, or withheld but only after such
person shall have served at least one year in the penitentiary.