DUI Manslaughter Vehicular Manslaughter while Intoxicated – California PC 191.5(b)
What is DUI manslaughter or vehicular manslaughter while intoxicated in California?
California Penal Code 191.5(b) defines vehicular manslaughter while intoxicated – also known as DUI manslaughter – as the unlawful killing of a human being without malice aforethought. To convict you of this crime, the prosecution must prove that you were driving under the influence of alcohol or drugs, you committed an unlawful act or an otherwise lawful act that might cause death, you acted with ordinary negligence, and your negligent conduct caused the death of another.
Cases of vehicular manslaughter while intoxicated usually involve vehicular collisions in which the driver or a passenger of the car you hit dies from injuries related to the crash. However, you can also be convicted of this offense if the passenger in your own vehicle dies as a result of your negligent conduct. The key issues that the prosecution must overcome are whether you were under the influence of drugs or alcohol while you were driving the vehicle and whether you acted negligently. Although you can be convicted of either vehicular manslaughter while intoxicated or driving under the influence (DUI), you cannot be convicted of both because the two offenses “merge” into one crime.
Defenses to a charge of vehicular manslaughter while intoxicated
There are a number of defenses that a California DUI manslaughter defense lawyer at Wallin & Klarich can raise on your behalf. Your attorney can argue that you were not under the influence of drugs or alcohol, that your actions were not negligent or that your actions were not the cause of death. In addition, your lawyer can have incriminating evidence excluded from trial if it is found that the police failed to comply with procedural formalities. Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California vehicular manslaughter while intoxicated defense attorney at Wallin & Klarich to learn more.
Vehicular manslaughter while intoxicated punishment and sentencing
According to the California PC 191.5, the sentencing and punishment for vehicular manslaughter while intoxicated (or DUI Manslaughter sentence) depends on whether the offense is charged as a misdemeanor or felony. A misdemeanor vehicular manslaughter while intoxicated conviction is punishable by up to a year in county jail and can include a fine of up to $1,000. A felony vehicular manslaughter while intoxicated conviction is punishable by 16 months, 2 or 4 years in county jail and can include a fine of up to $10,000. The DMV can also suspend your driver’s license if you are convicted of this offense.
Vehicular manslaughter while intoxicated FAQs
To help you understand the various aspects of a vehicular manslaughter while intoxicated charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
Is it possible to reduce the charge of vehicular manslaughter while intoxicated to a lesser crime?
How is vehicular manslaughter while intoxicated different from gross vehicular manslaughter while intoxicated?
What does “ordinary negligence” mean?
Where can I find the most experienced DUI manslaughter defense attorneys in California?
If you are confronted with accusations of vehicular manslaughter while intoxicated, it is essential that you contact an experienced California vehicular manslaughter while intoxicated defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing vehicular manslaughter while intoxicated charges for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 466-5245 or fill out our intake form. We will be there when you call.
