In California, whether or not a vehicular manslaughter while intoxicated is a felony or a misdemeanor depends on the circumstances surrounding the accident. Either way, the convicted person will end up spending some time in jail, at the very least. If the person is just convicted of vehicular manslaughter while intoxicated, they could see up to 1 year in county jail if convicted of the misdemeanor. If convicted of the felony, that sentence goes up to 4 years. The convicted person can be sentenced to more time if other persons are seriously injured in the crash. If convicted of gross vehicular manslaughter while intoxicated, this is always a felony and the sentence is up to 10 years in prison.
NBC Bay Area reports on a man facing charges in a solo-vehicle drunk driving crash that killed one of his passengers.
A solo-vehicle crash claimed the life of a San Jose man and injured three others in a crash that occurred on Saturday, November 24th. The crash occurred at about 1:45 a.m. when a 2013 BMW E350 moved off of the connector from the state Highway 17 to southbound 280.
CHP believes that the vehicle failed to negotiate the curve and left the roadway. The vehicle then struck a tree, rolled several times, and ended up on its wheels on southbound 280.
Of the four men in the car, a 24-year-old succumbed to his injuries. The driver, only identified as a 23-year-old male, was seriously injured. Once he is released from the hospital, he will be arrested on suspicion of driving under the influence.
Two other passengers, both in their 20s, were also seriously and moderately injured. They were hospitalized as well.