In California, DUI murder is not a separate murder charge. It is considered second-degree murder under California Penal Code 187. Second-degree murder indicates that a person did not mean to kill another person but it does mean that a person acted in a way that showed a conscious disregard for the life of another. The DUI murder charge is only sought if the person has a previous DUI conviction. The penalties for DUI murder include 15 years to life in state prison and a fine of up to $10,000. If more than one person is killed, multiple counts of murder may be charged, with additional prison time for each.
My News LA reports on a man convicted of murder for a deadly 2017 crash.
A jury convicted 47-year-old Estuardo Alvardo of murder on Wednesday. The charge stems from a deadly February 19, 2017 crash that killed Sandra Duran.
Alvarado was driving a 1999 Dodge Durango on Sepulveda Boulevard when he rear-ended a car. He then sped off and ran a red light before slamming into Sandra Duran’s Toyota Camry. Duran was pronounced dead at the scene.
This is the second jury to hear the case against Alvarado for DUI murder. The first jury deadlocked on the charge of murder but convicted Alvarado on charges of gross vehicular manslaughter while intoxicated, DUI causing injury, driving with a .08% blood-alcohol-content, and hit-and-run.
Alvarado is facing a state prison term of 24 years to life. Sentencing is scheduled for May 6.
A spokesperson for the U.S. Immigration and Customs enforcement official said that Department of Homeland Security databases indicate that Mr. Alvarado has been removed to Mexico five times since 1998. His most recent deportation was in 2011.