Vehicular Manslaughter while Intoxicated Sentencing and Punishment
California Penal Code Section 191.5(b) PC
According to the California Penal Code section 191.5, the sentencing and punishment for vehicular manslaughter while intoxicated depends on whether the offense is charged as a misdemeanor or felony. DUI Manslaughter is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts and circumstances of your individual case. In making this determination, the prosecution will consider various factors including your prior criminal history, with special attention paid to previous DUI convictions and the amount of alcohol or drugs in your system at the time of the offense.
Punishment for Misdemeanor vehicular manslaughter while intoxicated
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.
Punishment for felony vehicular manslaughter while intoxicated
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.
Suspension of your driver’s license
Under California Vehicle Code Section 13361(c), the DMV may suspend your driver’s license if you are convicted of vehicular manslaughter while intoxicated. A typical suspension lasts for a year; however its duration can vary depending on the individual facts of your case and your previous criminal history.
Court options at the time of sentencing for DUI Manslaughter in California
If you are convicted of vehicular manslaughter while intoxicated, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- The court can sentence you to one of two terms provided by law
- Misdemeanor vehicular manslaughter while intoxicated: up to one year in county jail
- Felony vehicular manslaughter while intoxicated: 16 months, 2 or 4 years in county jail
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend Alcoholics Anonymous (AA) classes
- Place you on formal probation and assign you a probation officer
Probation terms in California for DUI Manslaughter
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend alcohol or drug counseling
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an experienced vehicular manslaughter while intoxicated attorney at Wallin & Klarich
The sentencing and punishment for vehicular manslaughter while intoxicated can be severe and potentially life changing. If you or someone you know has been accused of vehicular manslaughter while intoxicated, you need to contact an experienced Orange County criminal lawyer who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has over 40 years of experience in defending our clients against charges of vehicular manslaughter while intoxicated. We will carefully review the evidence against you and help you win your case.
Call us today at (877) 4-NO-JAIL or visit us on our website at www.wklaw.com. We will be there when you call.