In California Penal Code 191.5(b), vehicular manslaughter while intoxicated
(DUI manslaughter) is defined as the unlawful killing of a human being
without malice aforethought. In order to be convicted of this particular
crime, the prosecution must prove that a person was driving under the
influence of alcohol or drugs, he or she committed an unlawful act that
might result in death, he or she acted with ordinary negligence, and their
negligent actions caused the death of another individual or more.
These types of cases typically involve vehicular collisions in which the
driver or a passenger of the other vehicle dies from injuries related
to the crash. However, you can also be convicted of vehicular manslaughter
while intoxicated if a passenger in your own vehicle is killed as a result
of the offender’s negative conduct.
The sentencing for this offense depends on whether it was charged as a
misdemeanor or a felony. A misdemeanor charge for vehicular manslaughter
while intoxicated is punishable by a maximum jail sentence of one year
and a fine of up to $1,000. A felony charge is either a 16-month, two-year,
or four-year prison sentence and a fine up to $10,000. However, consecutive
three to six-year sentence can be added if any surviving victim(s) suffer
great bodily injury.
The Law Offices of Robert F. Sommers, we are committed to helping you get your charges reduced or your case
entirely dismissed. With
more than 20 years of experience, our Ventura DUI defense lawyer possesses the comprehensive understanding
of California driving laws and court proceedings in order obtain the outcome
you desire and the justice you deserve.
Contact our firm and schedule a
case evaluation with us today.