Los Angeles DUI Vehicular Manslaughter Lawyer
Losing a life due to Driving Under the Influence (DUI) is a tragic event that carries severe consequences under California law. Because of that, the California Legislature has put in place extremely harsh punishments for those who get behind the wheel and accidentally kill another human.
What is the California Vehicular Manslaughter Law?
California defines vehicular manslaughter DUI as an act where the death of another is caused by operating a vehicle in either a negligent or unlawful manner. In cases of vehicular manslaughter DUI, penalties depend on factors like the range of actions and behaviors extends from reckless driving to causing an accident with a vehicle when one is under the influence of illegal substances or alcohol. The penalties can depend on simple or gross negligence and are varied as to whether the driver was under the influence of any type of illegal substance or alcohol. The charges range from misdemeanor allegations to felony manslaughter and even murder in cases where previous DUI convictions and warnings were disregarded. Every case has its own intricacy as the sentences could encompass lengthy prison sentences, substantial fines, along with a permanent criminal record.
Gross Vehicular Manslaughter While DUI
Reduced to its simplest terms, “Gross Vehicular Manslaughter While Intoxicated” is the killing of a human being while driving a vehicle, where the driving was done by someone under the influence of alcohol or drugs or both, and the killing was the result of gross negligence (Pen. Code, § 191.5(a)) . Gross negligence means acting in a way that is reckless or indifferent to human life—such as extreme speeding or running a red light while impaired.
California has established severe penalties for DUI causing death to deter impaired driving and hold drivers accountable for fatal accidents, particularly when gross negligence is involved. Penalties for Gross Vehicular Manslaughter While Intoxicated are:
- First Offense: 4, 6, or 10 years in state prison
- With Prior DUI Conviction: 15 years to life in prison
An experienced vehicular manslaughter lawyer can help clarify these charges and explore possible defenses based on the details of the case.
Vehicular Manslaughter While Intoxicated
“Vehicular Manslaughter While Intoxicated,” is a lesser charge than Gross Vehicular Manslaughter, and the punishment is substantially lower. It is defined as the killing of a human being while driving a vehicle under the influence of alcohol or drugs, and the killing was either the proximate result of the commission of an unlawful act or a lawful act committed with simple negligence. Simple negligence might include minor traffic violations while under the influence, leading to an accidental death.
Penalties for Vehicular Manslaughter While Intoxicated are:
- First Offense: 16 months, 2 years, or 4 years in state prison
- With Prior DUI Conviction: 15 years to life in prison
For those facing vehicular manslaughter DUI charges, a DUI manslaughter lawyer can help navigate these complexities, including any prior convictions that may increase sentencing severity.
What is the Penalty for Killing Someone While Driving Drunk?
The charge of Murder (Penal Code section 187) generally requires malice. There are two kinds of malice. Express and implied. Express malice is the deliberate intention to unlawfully take away someone’s life. Implied malice exists where “no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.”
The California Supreme Court ruled in People v. Watson, (1981) that there is malice in the DUI context where “the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created.”
“Watson Murders” named after the Supreme Court Decision, are charged out most commonly when a person has been convicted of a DUI previously, has been advised of the dangers of driving DUI, and having been so informed, drives DUI anyway and kills someone.
Penalties for Watson Murder
- Conviction: 25 years to life in prison (Penal Code section 190)
An experienced DUI manslaughter attorney is essential when defending against Watson Murder charges due to the high stakes and complex evidence requirements.
Possible Defenses Against DUI Manslaughter Charges
If you are facing DUI manslaughter charges, certain defenses may apply, depending on the case details. These defenses might include:
- Questioning the Legitimacy of Evidence Collection: Ensuring sobriety tests were administered correctly and challenging any potential rights violations.
- Establishing Lack of Negligence: Arguing that your actions did not constitute gross negligence, or in some cases, any negligence at all.
- Demonstrating Involuntary Actions or External Causes: If an external factor contributed to the incident, such as another driver’s sudden action, this might impact the case outcome.
An experienced vehicular manslaughter lawyer will carefully review the circumstances of your case to identify potential defenses and weaknesses in the prosecution’s evidence.
Contact Us for Free Consultation When You Need an Experienced DUI Manslaughter Lawyer
Facing a vehicular manslaughter DUI charge is overwhelming and, if convicted, could lead to years or even a lifetime in prison. A dedicated DUI manslaughter attorney understands the high stakes involved and will work tirelessly to defend your rights, protect your future, and help you navigate this challenging time.
The criminal justice system is extremely complicated and very dangerous for the accused, and you need someone to help you navigate that system when your life is literally on the line. Get a consultation today from Manshoory Law Group, APC at (877) 977-7750.
