DUI with Vehicular Manslaughter
This article deals with the most serious case among our discussions on DUIs, namely a case that caused another person’s death. Most convictions for vehicular manslaughter, killing a person by means of a vehicle, are for manslaughter, not for murder. Here we need to distinguish between simple vehicular manslaughter while intoxicated and a case that can be considered gross vehicular manslaughter.
If you or a loved one were involved in an accident that caused the death of another person, even if the driver was not intoxicated, call our San Diego DUI and Criminal lawyer immediately at (619) 258-8888. Do not make any statements or pay bail before consulting with us. No matter the circumstances, we will mount the most effective defense for you and attempt to avoid a more serious conviction.
Vehicular Manslaughter while Intoxicated
A California DUI related Vehicular Manslaughter case may be charged as a misdemeanor or felony offense depending on a number of different factors. In order to be found guilty of a vehicular manslaughter offense, the prosecution must simply prove that the driver was driving above the legal alcohol limit. The penalty is 16 months to 4 years in prison.
Gross Vehicular Manslaughter While Intoxicated
To add gross negligence to the charge of vehicular manslaughter, the prosecutor must not only prove that the driver was intoxicated but that the death result as an act of gross negligence. This negligence could be something as simple as driving recklessly or any other infraction of a traffic law and that it is this act of negligence that specifically caused the death of others. The penalty is 4 to 10 years in prison.
It is important to understand that the penal code specifically states that the driver can also be prosecuted for murder for vehicular manslaughter, usually in the second degree. Any other aggravating circumstances such as transporting minors or hit and run can add significantly to the sentence.
If you were involved in an accident that caused the death of another person, it is critical that you not make any statement to the police or pay bail before speaking with the criminal experts at San Diego Defenders. If you have any additional questions, please contact our San Diego Criminal Lawyer for a free consultation 619-258-8888.