The penalty depends on what crime you were charged with. A DUI accident that involves a death is always traumatic, but there are several different laws that can be used to prosecute you, and each carries its own penalties. They are:
- DUI vehicular manslaughter (misdemeanor version)
- DUI vehicular manslaughter (felony version)
- Gross DUI vehicular manslaughter
- Murder
Here are the penalties for each offense:
DUI vehicular manslaughter (misdemeanor)
- Up to 1 year in jail
- Up to $1,000 in fines
- DUI penalties such as suspended license and alcohol/drug treatment
DUI vehicular manslaughter (felony version)
- Either 16 months, 2 years, or 4 years in state prison
- An additional 3 to 6 years if other victims of the accident were seriously hurt
- Up to $10,000 in fines
- DUI penalties
Gross DUI vehicular manslaughter
- 4, 6, or 10 years in the state prison, or
- 15 years to life in prison if you have any prior vehicular manslaughter convictions, or if you have two or more prior DUI convictions
- Up to $10,000 in fines
- DUI penalties
DUI Murder or “Watson” Murder
You can be charged with murder if you have a prior DUI on you record and were given a “Watson advisement” (warning) that DUI can cause death. You can also be charged if you have previously completed DUI school, which teaches the same thing. The penalties for DUI murder are:
- 15 years to life in state prison
- A fine of up to $10,000
Additional Penalties
All of the offenses above will require you to pay restitution to the victim’s family. This means paying money to offset their loss and its financial impact. This can be ordered by the court as part of your criminal sentencing, and the family can also sue you independently.
Except for misdemeanor vehicular manslaughter, all of the above charges also give you status as a convicted felon for life. This status makes it hard to find employment and affects some of your rights as a citizen.
Being convicted of any form of DUI death is a serious, life-changing event. You should fight your DUI charge from the start. What happened was tragic, but you need to protect yourself, your future and your own family. With a good DUI lawyer, you may be able to get the charge reduced to something much less serious. In some cases, it’s possible to get the manslaughter/murder charge off the table altogether, and face a normal DUI or reckless driving charge. This small legal difference can affect your life for decades.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.
