If you’re convicted of committing vehicular manslaughter while intoxicated, you could face life-altering penalties, including, but not limited to, prison time. This brings up the question, how many years will you get for DUI manslaughter? The short answer is that you could spend anywhere from one to ten years in prison if convicted.
Facing a prison sentence can be daunting, but with a skilled attorney by your side, you’ll have an excellent chance of getting your charges reduced or dropped. A Los Angeles DUI lawyer from our team can offer the legal advice and representation you need to navigate this nerve-wracking time in your life.
Understanding DUI Manslaughter
DUI manslaughter is defined as the actions of a reckless or negligent individual that ultimately result in the loss of another person’s life. This loss of life can happen with no hostile or prior intent. Normally, a DUI manslaughter offense involves alcohol or other illegal substances that cause negligent actions.
Many state laws will categorize a DUI manslaughter offense in two ways. Understanding the difference between the two offenses is critical to the success of your case. Let’s take a closer look at those two offenses and how many years of prison time you might get if convicted of one of them.
How Many Years You Could Go to Prison for DUI Manslaughter
When determining how many years you’ll get for a DUI manslaughter conviction, it’s important to consider that California has more than one charge used to prosecute this offense. It’s also helpful to note that these charges are not handled the same way in the court system.
Depending upon your situation, you could face varying prison sentences under the following charges:
Gross Vehicular Manslaughter While Intoxicated
Gross vehicular manslaughter while intoxicated is the more serious charge used to prosecute DUI manslaughter. According to California Penal Code 191.5(a), individuals face this charge if they drive while intoxicated and:
- Commit a dangerous act or perform an infraction or misdemeanor,
- Display gross negligence, and
- Cause an accident that results in a fatality
Individuals display gross negligence by acting in a reckless way that demonstrates disregard for the safety of others. To qualify as gross negligence, one must drive in a way that a reasonable person would see as dangerous. They must also know that they could cause someone else a severe injury or death. This charge is always handled as a felony.
If convicted of this offense, you could spend as much as 10 years in prison. To fight your charges, you’ll want to hire a committed attorney. A skilled lawyer can advise you on how many years you can get for DUI manslaughter and help you avoid a life-altering sentence.
Vehicular Manslaughter While Intoxicated
Vehicular manslaughter while intoxicated is a less severe DUI manslaughter charge, as it doesn’t involve the element of gross negligence. Instead, this charge implies ordinary negligence. Ordinary negligence occurs when an intoxicated driver is involved or causes an accident due to a brief lapse of focus.
For example, ordinary negligence may be applicable to your case if you reached into the seat next to you to retrieve something or answered a text, resulting in a fatal accident.
However, once the driver’s blood alcohol content is tested, a DUI will be given if it is above the legal limit.
Although ordinary negligence is less serious than gross negligence, an ordinary negligence DUI manslaughter conviction can still come with extremely damaging consequences, including prison time. Under California Penal Code 191.5(b), these charges may be treated as misdemeanors or felonies.
If you’re convicted of misdemeanor vehicular manslaughter while intoxicated, you could face up to one year in prison. If convicted of the felony version of this offense, you could receive a prison sentence of up to four years.
Additional Penalties You Could Face for DUI Manslaughter
You may face other penalties if you are convicted of DUI manslaughter in California. Depending on the unique circumstances of your case, you could receive fines of up to $10,000. Additionally, the court may choose to revoke your license. License revocation is more common in gross DUI manslaughter cases.
You should reach out to a Los Angeles DUI lawyer if you were charged with DUI manslaughter. An experienced lawyer can assess your case right now and build a facts-based defense strategy on your behalf.
Other Kinds of Vehicular Manslaughter in California
You should know that there are other charges for vehicular manslaughter in California. You may face these charges if you had alcohol in your system but were not technically impaired by alcohol at the time of the accident.
While DUI manslaughter charges only apply if your blood alcohol content (BAC) is over the legal limit, there are other charges you could face if you had consumed alcohol prior to the vehicular manslaughter accident. For example, the legal BAC limit is lower for some drivers, including commercial drivers and drivers under the age of 21.
If you are under 21 or a commercial driver and have killed someone in a car accident that occurred while you had a legal amount of alcohol in your system, you will still face serious penalties.
Defenses for DUI Manslaughter Charges in California
Whether your BAC was above the limit or not, you can face a lot of time behind bars for a vehicular manslaughter charge. However, you do not have to simply accept your charges. You can contact a DUI lawyer to get the legal help you need to avoid life-altering penalties.
Generally, the most common defense strategies for these types of charges challenge the prosecution’s evidence, which can include surveillance videos, witness statements, blood and breath tests, and even expert testimonies.
An attorney can investigate your incident, gather evidence, speak to eye witnesses, build a strong defense case, and fight your DUI charges in court. Ultimately, your lawyer will use evidence to prove the following:
- You were not impaired at the time of the accident
- The police performed illegal searches, forced a confession, or administered any required test incorrectly
- You did not actually cause the collision
- Your actions did not lead to another person’s death
Getting your charges dismissed or reduced could allow you to avoid jail or prison time. Additionally, securing a verdict in your favor could help you avoid a conviction.
A DUI Manslaughter Lawyer Can Negotiate a Plea Deal
While fighting your charges in court can be an effective way to avoid the consequences associated with a DUI manslaughter charge, your attorney can also negotiate a DUI plea bargain. Plea deal negotiations involve working with prosecutors to get your charges reduced or dropped.
An experienced lawyer can draw on their legal knowledge and negotiating experience to convince prosecutors that you shouldn’t face a lengthy prison sentence. That said, if the prosecution doesn’t agree to a fair deal, your attorney will have no problem fighting for your best interests at trial.
Find Out How Many Years You Could Get for DUI Manslaughter Today
Now that you know how many years you get for a DUI manslaughter conviction, it’s time to get the representation you need to combat your charges and avoid an outcome that could turn your life upside down. A Los Angeles DUI lawyer can work closely with you to build a compelling defense case and protect your best interests throughout your case.
Contact us today to schedule a free consultation and learn more about your legal options after a DUI arrest or conviction. We’ll meet with you to discuss your situation and advise you on your best course of action moving forward. We look forward to hearing from you soon and advocating on your behalf.
