What is the punishment for drunk driving and killing someone? The penalty for killing someone while driving drunk is severe–lengthy prison sentences, hefty fines, and a permanent criminal record.
When impaired driving leads to a fatality, charges like DUI vehicular manslaughter or second-degree murder bring potential sentences from years to life behind bars, plus fines up to $10,000 or more. The long-term impact is devastating.
However, a Los Angeles DUI Lawyer can provide invaluable guidance and make a major difference in these high-stakes cases. Let’s examine the punishment for drunk driving and killing someone.
What Charges Can You Face After a Deadly Drunk Driving Accident?
The penalty for a fatal drunk driving accident depends on the specific charges used by the prosecution. In some cases, you may expect to face criminal charges for:
- DUI vehicular manslaughter
- Vehicular manslaughter
- Murder
These charges may impact anyone who caused a deadly accident while under the influence of alcohol. A Los Angeles criminal defense attorney can provide more information about these accusations and their severe penalties.
Penalties for DUI Vehicular Manslaughter
Individuals accused of causing an accident while under the influence of alcohol may face DUI vehicular manslaughter charges. California can prosecute this charge as:
Misdemeanor DUI Vehicular Manslaughter
Some individuals face charges under CA Penal Code 191.5(b) – Negligent Vehicular Manslaughter While Intoxicated. Individuals may face this accusation if they cause a deadly accident with a blood alcohol concentration (BAC) above the legal limit.
Generally, individuals only face this charge if they break traffic laws before causing an accident, demonstrating ordinary negligence. This charge comes with the least severe penalties for a fatal wreck caused by a drunk driver.
Convictions can result in:
- Up to 1 year in jail
- Up to $1,000 in fines
- DUI penalties such as a license suspension and alcohol or drug treatment
There are serious penalties for drunk driving that results in killing someone. A legal team can review defense strategies for this charge after an arrest. In some cases, these penalties come close to what you’d face after a conviction for involuntary manslaughter.
Felony DUI Vehicular Manslaughter
Individuals charged with PC 191.5 (a) – Gross Vehicular Manslaughter While Intoxicated can face more severe penalties after a conviction. These legal penalties can include:
- 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
As a more serious charge, felony DUI vehicular manslaughter leads to a longer period of incarceration.
Penalties for Vehicular Manslaughter
You may also face charges for vehicular manslaughter after some motor vehicle accidents. The prosecution may use this charge if they cannot establish that impaired driving contributed to the collision. The penalties can include up to six years of time in prison.
Penalties for DUI Murder or “Watson” Murder
You can be charged with murder if you have a prior DUI on your record and received a “Watson advisement” (warning) that DUI can cause death. You can also face this charge if you 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
Note that you may face similar charges for accusations that you caused a fatal accident under the influence of drugs. It’s essential to get legal help quickly with a vehicular homicide charge so an experienced defense attorney can discuss effective defense strategies that can help you avoid decades in prison.
Are There Other Penalties for Fatal DUI Accidents?
All of the offenses above will require you to pay restitution to the victim’s family. You may have to pay money to offset their loss and its financial impact. The court can order this payment 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.
What Should You Do After a Drunk Driving Accident That Kills Someone?
Being convicted of any form of DUI death is a severe and life-changing event. You should fight your DUI charge from the start. What happened was tragic, but you must protect yourself, your future, and your family.
With a good criminal defense lawyer, you may get the charge reduced to something much less severe. In some cases, it’s possible to get the manslaughter or murder charge off the table altogether and face a normal DUI or reckless driving charge.
The punishment for drunk driving and killing someone is severe, however this slight legal difference can affect your life for decades. You can seek immediate assistance for a DUI-related killing in California.
Contact a Criminal Defense Law Firm for a Free Consultation
What is the penalty for killing someone while driving drunk in California? These are felony charges that can result in jail time, fines, and losing your driving privileges. You can learn more by contacting a Los Angeles DUI lawyer.
Our team can connect you with an experienced defense lawyer who can fight to get you a lesser charge, help you avoid harsher penalties, work toward a plea deal, or fight to have your case dismissed entirely. Call or fill out our online contact form today.
