DUI Vehicular Homicide Charges in California: Penalties and Defense Strategies
Facing a DUI vehicular homicide charge in California can be one of the most stressful and overwhelming experiences of someone’s life. It’s a serious charge with potentially life-altering consequences. However, understanding the legal framework, the potential penalties, and the viable defense strategies can empower you to take informed steps in navigating this difficult time.
This blog will provide key insights into DUI vehicular homicide laws in California, explain the penalties involved, and outline common defense strategies. It will also discuss the importance of hiring a skilled attorney. Whether you or a loved one is dealing with these charges, this guide will help you understand your rights and take the next steps toward building a defense.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today at (877) 466-5245 for a free phone consultation with one of our DUI vehicular homicide attorneys near you.
Understanding DUI Vehicular Homicide Charges in California
What Is DUI Vehicular Homicide?
Driving under the influence (DUI) vehicular homicide occurs when an individual accused of DUI is involved in a fatal accident resulting in a person’s death. It’s crucial to note that in California, this charge applies not only to drivers who were intoxicated by alcohol but also to those influenced by drugs, including prescription medications or controlled substances.
Prosecutors take DUI vehicular homicide cases seriously, as these incidents are associated with significant public safety concerns. The legal definition of DUI vehicular homicide spans various scenarios, including accidents involving gross negligence or standard negligence when driving under the influence.
Types of DUI-Related Homicide Charges
California law outlines several types of homicide-related charges associated with DUI cases, each varying in severity and potential penalties. These include the following:
- Vehicular Manslaughter While Intoxicated (PC 191.5(b))
This is the least serious charge and applies when a driver causes a death through negligence (but not gross negligence) while driving under the influence.
- Gross Vehicular Manslaughter While Intoxicated (PC 191.5(a))
This occurs when a driver causes a fatality due to gross negligence while under the influence. Legal penalties become more significant under this charge.
- Second-Degree Murder (People v. Watson)
Known as a “Watson murder,” this applies when prosecutors argue that the driver was aware of the dangers of driving under the influence, but consciously chose to proceed, demonstrating implied malice or recklessness.
Penalties and Consequences
The penalties for DUI vehicular homicide charges depend on the specific charge, the driver’s prior DUI convictions, and the circumstances surrounding the incident. Below are some key consequences associated with these charges under California law.
1. Vehicular Manslaughter While Intoxicated
- Prison sentence of up to one year (misdemeanor) or 16 months to 4 years (felony).
- Fines up to $10,000.
- Probation and mandatory DUI programs.
2. Gross Vehicular Manslaughter While Intoxicated
- Prison sentence of 4 to 10 years.
- Fines up to $10,000.
- Additional years added for prior DUI convictions.
3. Second-Degree Watson Murder
- Prison sentence of 15 years to life.
- Additional years for multiple fatalities.
- Lifetime revocation of the driver’s license in some cases.
Common Defense Strategies and Legal Options for Accused Individuals
If you are accused of DUI vehicular homicide, it’s critical to know that mounting a strong defense is possible. The specific circumstances of your case will determine the most suitable strategy, but here are some common defenses Wallin & Klarich attorneys can use to contest these charges.
Challenging Evidence of Intoxication
One of our DUI defense attorneys may question whether the evidence used to establish intoxication was accurate or reliable. For example, breathalyzer or blood test results may be challenged based on improper calibration, mishandling, or procedural errors during testing.
No Causal Relationship Between DUI and Fatality
Even if intoxication is proven, the prosecution must establish that the driver’s actions caused the death. If factors such as another driver’s negligence or poor road conditions were the primary causes of the accident, charges could be reduced or dismissed.
Lack of Gross Negligence
For charges like gross vehicular manslaughter, prosecutors must prove that the driver demonstrated gross negligence. Legal defenses often involve arguing that the driver’s behavior did not rise to this level, potentially reducing the severity of charges.
Violation of Legal Rights
If law enforcement failed to follow procedure during the arrest—such as conducting an unlawful search or failing to issue a Miranda warning—evidence may be suppressed, weakening the prosecution’s case.
Knowledge and Representation Are Your Best Defense
A DUI vehicular homicide charge is undoubtedly serious, but understanding the legal framework and the options available to you can make a significant difference in the outcome. Your strongest assets in this battle are knowing your rights, exploring viable defense strategies, and partnering with an experienced Wallin & Klarich attorney.
If you or someone you know is facing these charges, seek our legal help immediately. Time is of the essence, and every action you take now could impact your future.
Facing charges can be terrifying, but you’re not alone. Equip yourself with knowledge, consult one of our skilled attorneys, and take steps toward safeguarding your future.
Contact Wallin & Klarich Today
If you are facing DUI vehicular homicide charges, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We also have helped many people preserve their driving privileges when the Department of Motor Vehicles is trying to suspend or revoke their license. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
