Drivers accused of driving under the influence (DUI) and causing a fatal accident can face charges for vehicular manslaughter in California. A conviction for this charge can result in years of incarceration and other penalties.
You can learn more about this serious charge with a Los Angeles DUI lawyer. An attorney can also explain potential legal defenses that could help after an arrest for causing a fatal accident while driving under the influence of alcohol.
When Can You Face Vehicular Manslaughter Charges for a DUI in California?
You may face charges for vehicular manslaughter for a DUI in California any time the police accuse you of causing a fatal accident while impaired by alcohol.
Legally, the term manslaughter means you did something illegal that led to a death, but you didn’t mean or intend to kill anybody. Manslaughter also assumes you did something careless that put another person’s life in danger. This careless behavior is known as negligence.
Our state uses several charges to prosecute this alleged crime, depending on the situation. For example, you may face charges under:
Negligent Vehicular Manslaughter While Intoxicated
You can face charges under CA Penal Code 191.5(b) – Negligent Vehicular Manslaughter While Intoxicated if the police accuse you of driving while drunk and causing an accident resulting in the loss of human life without any malice or gross negligence.
PC 191.5(b) represents the least serious charge used to prosecute individuals accused of causing fatal DUI accidents.
California considers PC 191.5(b) a “wobbler” offense. Therefore, the prosecution can treat this charge as a misdemeanor or a felony. Individuals convicted for misdemeanor PC 191.5(b) can face the following penalties:
- Fines of up to $1,000
- Up to a year of time in county jail
- Misdemeanor probation
A felony conviction under PC 191.5(b) can result in:
- Fines of up to $10,000
- Up to four years in state prison
- Felony probation
A criminal defense attorney can assist you if you face PC 191.5(b) allegations by explaining how to defend against gross vehicular manslaughter while intoxicated charges.
Gross Vehicular Manslaughter While Intoxicated
Individuals may face charges under PC 191.5 (a) – Gross Vehicular Manslaughter While Intoxicated in some situations that involve more than ordinary negligence.
A gross vehicular manslaughter charge assumes you did something particularly reckless—with disregard for safety—that any reasonable person would know could potentially take a life. Examples could be driving the wrong way on the road or speeding excessively.
A conviction under PC 191.5(a) can result in serious penalties, including:
- Fines of up to $10,000
- Prison time of up to 10 years
- Felony probation
The penalties for PC 191.5(a) convictions can increase substantially if you have prior offenses on your criminal record. For example, you may face life in prison for a conviction if you have past convictions for PC 191.5(a) or PC 191.5(b) on your record.
Additionally, the penalties can increase if you have prior charges for driving under the influence of alcohol or drugs or a DUI causing injuries.
An attorney can immediately discuss your legal defenses if you face PC 191.5(a) felony charges after a fatal DUI accident.
Can You Face Other Charges After a Fatal DUI Accident?
Some drivers can face charges for murder after a fatal accident. DUI murder is the third and most serious charge someone can face if a death is involved. It’s also one of the rarest DUI charges.
Under California law, DUI murder is a second-degree murder charge. The prosecution can use CA Penal Code 187 – Murder to prosecute this allegation. DUI murder means the defendant did not intend to kill anyone, but they acted with conscious disregard for someone else’s life (also known as implied malice).
You can only be charged with DUI murder if:
- The court warned you that any future DUIs could be murder charges OR
- You completed DUI school, which would have warned you of the above
The minimum sentence for a DUI murder conviction is 15 years to life in state prison and up to a $10,000 fine.
You may also hear DUI murder referred to as “Watson” murder or second-degree murder. Vehicular manslaughter charges are far more common if someone dies in a DUI case.
Can You Be Charged with Voluntary Manslaughter After a DUI Accident?
Generally, fatal DUI accidents do not result in voluntary manslaughter charges. The legal definition of voluntary manslaughter requires an individual to kill another person due to loss of control caused by the heat of passion or emotional anguish.
For example, someone could face charges for voluntary manslaughter if they shoot another person after a sudden quarrel. Heightened emotion represents a substantial factor in these allegations and typically does not apply to cases involving drunk driving.
Therefore, while you can be charged with vehicular manslaughter for a DUI in California, you will likely not face voluntary manslaughter allegations. You can learn more about this charge by reviewing 10 voluntary manslaughter examples.
You Can Fight a Vehicular Manslaughter DUI Charge in California
It’s hard for the prosecution to convict you of vehicular manslaughter while intoxicated charge because they have to prove that you did something else (besides driving under the influence) that specifically led to someone’s death.
It’s even harder to convict someone of gross vehicular manslaughter. The prosecution must be able to prove that you:
- Were driving while under the influence of alcohol or drugs
- Committed either an illegal act or a lawful act that might cause death
- Performed that act with no malice aforethought, meaning you showed intentional disregard for human life
- Exercised gross negligence
- The gross negligence led to someone’s death
The prosecution must also show either 1) that the person died because, besides the DUI, you broke a safety or traffic law with gross negligence OR 2) that your action was not normally unlawful, but you did it with gross negligence and the knowledge it could put someone in danger.
If the prosecutor cannot prove everything above, they won’t have grounds to convict you of vehicular manslaughter while intoxicated. Therefore, the complexity of this type of case may work in your favor.
How a Lawyer Can Resolve DUI Manslaughter Charges
You can be charged with vehicular manslaughter for a DUI in California. Fortunately, if you face these accusations, you can rely on a defense lawyer to assist with your defense. Depending on your situation, your attorney may focus on:
Getting Your Charges Dismissed
An attorney may focus on getting the court to dismiss charges for involuntary manslaughter or DUI murder. For example, the court may set aside these charges if your lawyer can show that the prosecution does not have enough evidence to show that you engaged in negligent conduct.
Your lawyer may also work to dispute the results of a blood alcohol level test. If your attorney can show that you were not impaired by alcohol or drugs at the time of a fatal crash, it may help you avoid a conviction.
Getting Your Charges Reduced
In some cases, your attorney may work with the prosecution to bring you a lesser charge through a plea bargain. However, plea bargains still require you to admit guilt for another criminal act. Therefore, they may not always represent your best choice after an arrest.
Defending You in Court
Your lawyer may need to represent you in court after an arrest for DUI murder. In this situation, attorneys focus on disproving key elements of the prosecution’s case to generate reasonable doubt.
For example, your lawyer may work to show that you behaved like a careful person and an accident occurred despite your best efforts to minimize the risk of death.
With a DUI attorney, you can fight the DUI charge. They will help you challenge the prosecution’s evidence. It’s possible for “normal” or gross vehicular manslaughter while intoxicated charges to end with the DUI attorney negotiating a less severe charge—or even winning the case completely.
What Should You Do After a DUI Accident?
It’s essential that you reach out to a lawyer immediately after a DUI in California. An attorney can help with any DUI allegations, including charges that involve:
- Driving under the combined influence of alcohol and drugs
- Driving under the influence and causing bodily injury
- Driving under the influence and causing a vehicular collision
Attorneys can use their extensive knowledge to help you handle charges of criminal negligence in Southern California.
You can rely on a lawyer to take your charges seriously, even if the crash did not have fatal results. A basic DUI allegation for driving after drinking a single alcoholic beverage or an arrest for a DUI resulting in physical injury can still have harsh legal consequences.
In addition to contacting a lawyer, you should call emergency services after a crash. In some cases, the paramedics may arrive at the accident in time to offer life-saving care to other people involved in the crash.
How Can a Lawyer Assist After a DUI Manslaughter Arrest?
An attorney can assist with all your legal needs after an arrest for a DUI. Generally, lawyers begin by offering a confidential consultation to discuss all relevant aspects of your situation. You can rely on your lawyer to:
Represent You During Legal Questioning
The police and prosecution can question you after an arrest for a fatal DUI. Legal professionals strongly recommend that you only discuss your charges after exercising your Constitutional rights and hiring a lawyer.
Despite what the average person may believe, the prosecution and the police are not your friends. They want to secure a conviction and can use everything you say against you.
Fortunately, you can get protection by hiring a lawyer who has a legal duty to put you first and support you.
Protect Your Rights
An attorney can protect your rights throughout the legal process. You can rely on an attorney to monitor the police as they investigate your charges, to ensure that they stay within the bounds of the law.
If a lawyer can show that the police violated your rights, the court may have to dismiss your charges.
Help at All Legal Hearings
You will have to attend multiple hearings after an arrest for a DUI. Your lawyer will support you at your arraignment hearing, where the court will provide information about the specific charges you face and expect you to enter a plea.
You can also count on your lawyer for support at your bail hearing, if necessary. Bail is money paid to the court that allows you to stay out of jail until the start of your criminal trial.
Your lawyer can push the court for a low bail payment, potentially reducing the strain on your finances.
Build a Personalized Defense
Your lawyer can explain common defenses to charges for a fatal DUI accident. An attorney will review the specifics of your situation and develop a defense strategy that best meets your needs while focusing on the common elements of these charges.
Can You Be Charged with Vehicular Manslaughter for a DUI in California?
The prosecution can charge you with vehicular manslaughter for a DUI in California. Fortunately, you have options if you are facing a vehicular manslaughter while intoxicated charge in California.
An attorney can take steps to build your defense and support you after an arrest. We can connect you with a leading local DUI attorney for a FREE consultation.
