California Vehicular Manslaughter While Intoxicated Lawyers

Vehicular Manslaughter While Intoxicated FAQs– California Penal Code Section 191.5(b)

1. Is it possible to reduce the charge of vehicular manslaughter while intoxicated to a lesser crime?

Yes. If the prosecution is unable to prove all the elements of the crime, the charge may be reduced with lighter sentences. For example, if the prosecution is unable to prove that you were under the influence at the time of the incident in question, the charge against you may be reduced to vehicular manslaughter with ordinary negligence without intoxication under California Penal Code Section 192(c)(2), a misdemeanor punishable by imprisonment in county jail for no more than one year. Therefore, it is imperative that you have an experienced criminal defense attorney to analyze the particular facts of your case and develop an attack strategy that can reduce the charges against you.

2. How will the prosecution decide whether to charge this crime as a felony or misdemeanor?

The prosecutor will generally consider the specific facts of your case and your criminal record when deciding whether to charge the crime as a felony or misdemeanor. A prosecuting attorney, for example, will likely charge the crime as a felony if you had a particularly high level of alcohol in your system at the time you drove or if you have a prior history of DUI. Because the decision to prosecute the crime as a felony or misdemeanor falls largely on the discretion of the prosecution, it is very important that you have a criminal defense attorney who can help you attempt to persuade the prosecuting attorney that you are worthy of the lighter charge.

3. If I’m convicted for vehicular manslaughter while under the influence, will I lose my driver’s license?

The DMV may suspend your driver’s license if you have been convicted of manslaughter resulting from the operation of a motor vehicle without gross negligence. See California Vehicle Code Section 13361(c).

4. How is vehicular manslaughter while intoxicated different from gross vehicular manslaughter while intoxicated?

Whereas vehicular manslaughter while intoxicated is a “wobbler” capable of being charged as either a felony or misdemeanor, gross vehicular manslaughter while intoxicated is always charged as a felony offense. Gross vehicular manslaughter while intoxicated is charged as a felony because it involves an allegation that you acted with gross criminal negligence, which poses a high risk of death or bodily harm

5. Can I be charged with vehicular manslaughter while intoxicated if the person killed was a passenger in my vehicle?

Yes. As long as your negligent actions while under the influence results in the death of another human being, it does not matter if that human being was a passenger in your vehicle.