California has two manslaughter laws that cover DUI manslaughter. Both are covered under California Penal Code 191.5. California Penal Code 191.5(a) and 191.5(b) covers the charges. The difference between the two is that 191.5(a) involves gross negligence on the driver’s part. This means that the driver acted in a way that they knew could put others at risk, such as driving under the influence. The other charge, 191.5(b) means that the driver acted with ordinary negligence. In other words, they didn’t mean to hurt someone but was simply careless. The penalties for both are serious, but gross vehicular manslaughter while intoxicated is generally a felony and punishable by time in state prison.
KTLA reports on a man sentenced to 12 years for a DUI crash that killed a mother getting her child out of a car.
23-year-old Jose Armando Macias Jr. was sentenced to 12 years and 8 months in prison on Wednesday. The sentencing was part of a plea deal that Macias agreed to back in March when he pleaded guilty to felony charges of driving under the influence of alcohol and drugs and gross vehicular manslaughter while intoxicated.
The charges stem from an accident that occurred on November 26th, 2017, where Macias lost control of his vehicle. The pickup truck he was driving slammed into 34-year-old Ruth Chinchilla. At the time of the accident, Chinchilla was removing her 23-month old daughter from a car seat.
The vehicle had been parked in front of Chinchilla’s home. She died at the scene and her daughter was critically injured.
In addition to the DUI and manslaughter charges, Macias also admitted to a charge of inflicting great bodily injury on a child under the age of five.