Even if the accident wasn’t your fault, law enforcement is unlikely to care if it appears that you’ve been drinking. The reality is that you can be charged with vehicular manslaughter if you were at all involved in the accident. Setting aside the trauma that comes with accidentally killing another person, you may face up to 10 years in prison if you are convicted, along with a decade-long suspension of your driver’s license and serious restrictions if you are able to retain yours.

Defense Attorney for Vehicular Manslaughter While Intoxicated in San Diego

If you have been charged with Vehicular Manslaughter while intoxicated, you need to contact an experienced criminal defense and DUI attorney immediately. A good lawyer can show law enforcement that you did not act negligently, and that you were not impaired to the extent the prosecution alleges.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against vehicular manslaughter while intoxicated. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Vehicular Manslaughter While Intoxicated in California

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Vehicular Manslaughter While Intoxicated Under California Law

California Penal Code Section 191.5 defines two types of Vehicular Manslaughter While Intoxicated:

  1. Vehicular Manslaughter While Intoxicated (PC 191.5(b)): This offense involves the same basic elements but requires only ordinary negligence, rather than gross negligence. For example, a driver under the influence with a BAC of 0.08 makes an unsafe turn without checking for oncoming traffic. The resulting collision causes a fatality. Ordinary negligence applies because the driver failed to exercise reasonable care but did not exhibit gross recklessness.
  2. Gross Vehicular Manslaughter While Intoxicated (PC 191.5(a)): This offense occurs when a person drives under the influence of alcohol or drugs and commits a misdemeanor, infraction, or lawful act in a dangerous manner with gross negligence, resulting in the death of another person. For example, a driver, while heavily intoxicated, runs a red light at excessive speeds, striking another vehicle and killing its occupant. The driver’s actions show gross negligence due to reckless disregard for traffic laws and public safety.

Vehicular manslaughter while intoxicated charges do not preclude you from being charged with murder.

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Penalties for Vehicular Manslaughter While Intoxicated in California

Gross Vehicular Manslaughter While Intoxicated, under Penal Code 191.5(a), carries a state prison sentence of 4, 6, or 10 years.

For repeat offenders with prior DUI convictions, the sentence increases to 15 years to life under Penal Code 191.5(d).

Vehicular Manslaughter While Intoxicated, under Penal Code 191.5(b), is punishable by up to 1 year in county jail or 16 months, 2 years, or 4 years in state prison.

Defendants convicted of Gross Vehicular Manslaughter While Intoxicated under Penal Code 191.5(a) face significant challenges in obtaining probation, particularly if they have prior DUI convictions. Penal Code 191.5(d) explicitly prohibits probation for repeat offenders, requiring a mandatory sentence of 15 years to life in such cases.

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Related Offenses

Lesser included offenses to Vehicular Manslaughter While Intoxicated often involve less severe charges or penalties, depending on the circumstances. These include:

  • DUI Causing Injury (Vehicle Code 23153): This charge applies when a defendant causes bodily injury while driving under the influence but does not result in a fatality. The penalties are less severe than those for manslaughter.
  • Vehicular Manslaughter Without Intoxication (Penal Code 192(c)(1) or (c)(2)): These charges apply when negligence or gross negligence results in a death but intoxication is not a factor.

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Defending Vehicular Manslaughter While Intoxicated Charges

The primary defenses to vehicular manslaughter while intoxicated charges fall into two categories:

  1. Defending the original action – Your attorney may argue that your actions were not negligent, and not your fault. This defense focuses on proving that other, unforeseen or unavoidable, actions are the reason that you caused the action.
  2. Defending your state of intoxication – Your attorney may argue that you were not grossly or wholly intoxicated at the time of the accident. This defense focuses on disputing chemical/and or blood tests to prove that you were not intoxicated.

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Additional Resources

California Penal Code Section 191.5 – California State Legislature outlines the legal definition, classifications, and penalties for vehicular manslaughter while intoxicated under Penal Code Section 191.5. The law includes detailed information about gross and ordinary negligence, sentencing ranges, and enhancements for prior offenses.

California Assembly Bill 1551 – This source provides the legislative history and text of California Assembly Bill 1551, which addresses vehicular manslaughter while intoxicated. It includes details on the bill’s introduction, amendments, committee actions, and voting records.

AB-2823 Crimes: Vehicular Manslaughter While Intoxicated – This page from the California State Legislature details Assembly Bill 2823, which proposes amendments to Penal Code Section 191.5. It includes changes to probation periods for vehicular manslaughter convictions, legislative analysis, and the text of the bill.

Man Sentenced to 240 Days in Custody for Giving Minors Alcohol – This press release from the San Diego City Attorney details the prosecution and sentencing of a man for furnishing alcohol to minors involved in a fatal DUI crash. It explains the legal consequences of violating California Business and Professions Code Section 25658(c) and highlights related charges of gross vehicular manslaughter. This case illustrates the application of laws surrounding DUI fatalities and alcohol-related offenses.

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Hire an Attorney for Vehicular Manslaughter While Intoxicated in San Diego County, CA

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against vehicular manslaughter while intoxicated. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.