You can face serious repercussions under California law if you drive under the influence of drugs or alcohol. However, the stakes will be exponentially higher if your offense leads to a fatality. A DUI that causes the death of another person can attract a charge of DUI manslaughter. This severe crime attracts penalties as severe as a lifetime in custody to a few years in state prison. The laws for DUI manslaughter are strict since the state does not leave room for leniency, particularly if gross negligence is involved. The potential punishment reflects the severity of the offense. You should seek legal guidance if you face DUI manslaughter charges or are trying to figure out the complicated vehicular manslaughter laws.
Types Of DUI Manslaughter Offenses In California
The law recognizes two kinds of DUI manslaughter offenses, which include:
- Gross vehicular manslaughter while intoxicated, and
- Vehicular manslaughter while intoxicated
Each of the above crimes attracts its own legal repercussions and reflects various degrees of culpability. The main distinction between the two crimes lies in the degree of negligence attributed to the motorist's actions that, in turn, influence the sentencing. It is important for you to know whether your case involves ordinary or gross negligence. This is crucial because it directly impacts the possible period of incarceration and the additional repercussions. The repercussions can be long-term records, probation, and fines. The courts deal harshly with DUI manslaughter; thus, you should not take your charges lightly.
Gross Vehicular Manslaughter While Intoxicated
The offense of gross vehicular manslaughter while intoxicated is outlined under Penal Code Section 191.5(a). If the prosecutor accuses you of violating this law, the prosecutor should prove these elements:
- You drove a car while under the influence of alcohol or drugs.
- You committed another offense while driving. The offense can be an infraction violation of traffic law, a misdemeanor, or an otherwise unlawful act, which can cause death.
- You committed the offense of gross negligence.
- Another person died because of your gross negligence.
The law requires that the prosecutor prove the above elements beyond a reasonable doubt. Most prosecutors attempt to pursue the more severe crimes until it becomes evident that you only acted in ordinary negligence. The prosecutor can do this with the anticipation that you will agree to a plea bargain to avoid the repercussions of the more serious manslaughter offense.
You will face the following penalties if you are guilty of gross vehicular manslaughter while intoxicated:
- A fine that does not exceed $10,000
- A jail term of four years, six years, or ten years in a state prison
- Felony or formal probation
However, your state prison sentence can be enhanced to 15 years to life imprisonment if you have a past conviction for any of the following crimes:
- Gross vehicular manslaughter while intoxicated under Penal Code 191.5(a)
- Vehicular manslaughter while intoxicated under Penal Code 191.5(c)
- Gross vehicular manslaughter under Penal Code 192(c)
- Vehicular manslaughter while operating a boat under Penal Code 192.5(a) or (b)
- Driving while intoxicated with drugs or alcohol under Vehicle Code 23152
- DUI causing injury under Vehicle Code 23153
Gross Negligence
During your conviction, gross negligence can be a significant determinant of the judge's punishment. Under the California Criminal Jury Instructions (CALCRM), gross negligence is defined in different ways. Gross negligence goes beyond mistake in judgment, ordinary carelessness, or inattention. You can act with gross negligence when:
- You act in a reckless way, which poses a danger of death or significant bodily harm
- You should have been aware that acting the way you did would pose danger
You can be considered to have acted with gross negligence if you acted differently from how a reasonable individual would act under the same circumstances. You will face gross vehicular manslaughter while intoxicated charges if gross negligence is evident. In this case, you will face a jail term that does not exceed ten years in a state prison or life imprisonment if you have a previous conviction record. On the other hand, you will face vehicular manslaughter while intoxicated if gross negligence does not exist. In this case, you will face a jail term that does not exceed four years in a state prison.
Ordinary Negligence
Ordinary negligence means not paying attention, a lapse in judgment, or carelessness. It also means that the driver failed to use reasonable care to prevent harm to someone else, just like a reasonable person would do in the same situation. For example, a motorist can lose concentration on the road by making a phone call while driving under the influence. This is sufficient to cause them to hit and kill someone else. Vehicular manslaughter, while intoxicated, charges can apply because the negligent behavior caused death.
Other Legal Repercussions
Apart from fines and a prison term, a conviction of gross vehicular manslaughter while intoxicated will attract a mandatory driver's license suspension for at least three years. The California Department of Motor Vehicles enforces this law. You will face additional criminal charges and further penalties if you continue driving during suspension.
A conviction for gross vehicular manslaughter while intoxicated is also considered a "strike," according to California Three Strikes Law. Under this law, your penalties for subsequent felony charges will be increased significantly. This will include a life sentence for a third strike or doubling your prison sentence for a second strike. The most heavily punished DUI crime in California is gross gross vehicular manslaughter while intoxicated. You must mount a strong defense because of the life-changing repercussions of a conviction.
Vehicular Manslaughter While Intoxicated
The elements of vehicular manslaughter while intoxicated are similar to those for gross vehicular manslaughter while intoxicated but without gross negligence. The courts normally charge this offense as a wobbler. In this case, you can face misdemeanor or felony charges. Most prosecutors tend to rely on the following factors when determining how to charge a wobbler:
- Your criminal record
- The facts of the crime you committed
Penal Code 191.5(b) covers the offense of vehicular manslaughter while intoxicated without gross negligence. This crime attracts lesser penalties than the equivalent of gross negligence. However, you will still face considerable repercussions because the law handles DUI-related fatalities with seriousness. Your penalties will be lighter but still impactful if the court convicts you of a misdemeanor. A misdemeanor charge will attract a jail term that does not exceed one year in a county jail. A one-year jail term can still disrupt your life significantly, even if it is less severe than a prison term. It will affect your personal relationships and employment. You could also face a fine that does not exceed $1,000 if you are guilty of this crime. This penalty can also include other court fees and extra financial penalties related to probation requirements.
The court will enhance your penalties if it convicts you of a felony. A felony conviction will attract a jail term of 16 months, two years, or four years in a state prison. The exact sentence you will face depends on the presence of aggravating factors like:
- Whether you have a past DUI crime conviction or
- A high blood alcohol concentration at the time
You can also face a fine that does not exceed $10,000. This amount can also include extra fees to cover victim restitution payments and court expenses.
Additional Punishment And Probation
Apart from potential fines and jail terms, a felony vehicular manslaughter while intoxicated conviction can lead to formal probation. You could be ordered to report regularly to the probation officer if the court grants you probation. You will also be required to attend DUI education programs.
A felony conviction will also attract a driver's license suspension for a minimum period of one year. Your license will only be reinstated if you fulfill DMV requirements, including installing an ignition interlock device (IID).
Penalties under Penal Code 191.5(b) are lesser than those for gross vehicular manslaughter, but they remain life-changing.
Additional Legal and Financial Repercussions of DUI Manslaughter
Besides probation, fines, and incarceration, a DUI manslaughter conviction can attract various long-lasting legal and financial effects, which can go beyond the courtroom. They include:
Insurance and Employment Effects
You will face increased insurance premiums if the court convicts you of DUI manslaughter. Most insurance companies often deny policy renewal for people with severe traffic and DUI cases. You can be advised to pursue coverage through high-risk insurance providers. Unfortunately, this is always accompanied by higher costs.
A felony DUI manslaughter charge can negatively influence your professional life beyond the direct legal and financial penalties. Most prospective employers carry out background checks on prospective employees. A felony conviction can deny you a job opportunity, especially in fields requiring a commercial driving license, professional license, or security clearance.
Restitution And Civil Liability
The court can order you to pay restitution to the family of the deceased if the judge convicts you of DUI manslaughter. Restitution is compensation for the financial losses linked to the death of the victim, like lost income and funeral expenses. Fines are different from restitution payments. Restitution payments can impose a great financial burden on you.
The family of the decedent can petition you for the wrongful death of their loved one, apart from criminal penalties. This civil action aims to pursue compensation for loss of companionship, emotional distress, and other damages not covered by restitution. Civil lawsuits often lead to significant financial judgments that legal fees and lengthy court hearings can further compound.
Ignition Interlock Devices
You will be required to install an IID in your car upon qualifying for license reinstatement. The IID prevents your vehicle from starting if you have not provided a breath sample free of alcohol. You will incur substantial money to install and maintain the IID.
Other DUI Murders In California
Fatal accidents associated with DUI can be charged as murder instead of vehicular manslaughter. According to the law, these murders are referred to as "Watson murders."
"Watson Murder" - DUI Causing Death In California
A Watson murder is usually considered second-degree murder under California law. You will face this charge if you have a previous DUI conviction and you kill another person while driving under the influence. The court can charge DUI as murder when the prosecutor proves that:
- You have at least one previous conviction for driving while intoxicated
- You enrolled in California DUI school or were read a "Watson admonition" in connection with the previous crime
A "Watson admonition" is a warning the court gives you if you are convicted of driving while intoxicated. The warning advises you that DUI is extremely hazardous to your life and that another conviction will attract murder charges.
You will face a second-degree DUI murder charge if you are guilty of DUI murder. This offense attracts the following penalties:
- A fine that does not exceed $10,000
- A jail term of 15 years to life in a state prison
- A "strike" on your record under California's "Three Strikes" law
A strike will attract double the sentence if you commit a subsequent crime. You will face a mandatory sentence of 25 years to life if you have two or more strikes and commit another strike felony.
You will face additional and consecutive jail terms if there are other survivors of the accident. In this case, the judge will impose on you a jail term of three to six years for each victim who sustained great bodily injury.
Defenses Against DUI Manslaughter Charges
You should explore viable defense strategies if the prosecutor accuses you of DUI manslaughter. This will make a big difference in the outcome of your case. The law permits you to fight these charges on several grounds, particularly when proving causation, negligence, and intoxication. The following are some of the defense strategies you can employ:
Fighting Intoxication Evidence
Your legal team can evaluate the validity of the breathalyzer test results or the outcome of the blood test. The tests are always subject to strict regulatory standards. Any mistake in the procedure used, like inappropriate handling or calibration, can cast doubt on the accuracy of the results. If you are convicted because of a faulty DUI test outcome, your legal team can allege that the test did not accurately reflect your blood alcohol concentration during the accident.
Your defense attorney can also give an alternative argument for apparent intoxication. Sometimes, signs linked with intoxication, like unsteady movement or slurred speech, can be caused by factors like shock and fatigue. Your attorney can weaken the prosecutor's case if he/she proves that your action was consistent with something other than intoxication.
Challenging The Cause Of Death
Your defense attorney can provide evidence of an alternative cause of death. In DUI manslaughter charges, the law requires the prosecutor to establish a direct association between your actions and the death of another person. Your legal team can claim that you are not solely liable if other factors contributed to the death. Some of the factors can be:
- The actions of the other motorists or the deceased
- Bad weather, and
- Poor road conditions
Your legal team can allege external factors or mechanical failure caused the accident that led to the victim's death. In this case, they can claim that your car had a mechanical problem like brake failure. They can also argue that another external factor, which was beyond your control, caused the accident and death. In most situations, evidence that these factors were present can positively influence the charges and possible punishment.
Challenging Negligence
If the prosecutor accuses you of gross vehicular manslaughter, he/she must provide enough evidence that your actions amounted to gross negligence. Your actions can encompass reckless disregard for human life. Your attorney can allege that you acted with ordinary negligence but did not show the degree of recklessness sufficient for a gross negligence conviction. The court can reduce your offense to a lesser offense that attracts lesser penalties if your attorney convinces the judge.
The law acknowledges that emergencies, at times, require fast decisions to be made. Your legal team can also claim that you caused the accident that led to the death of another person while responding to an emergency. They can allege that your actions were not negligent; it was a reasonable response to an emergency hazard like swerving to avoid hitting an animal. The judge can drop or reduce your charges if your attorney convinces them.
Find A Criminal Defense Attorney Near Me
Facing DUI manslaughter charges can have far-reaching effects on your life that can include imprisonment, hefty penalties, and probation. The decedent's family members can also file a civil lawsuit against you to seek compensation for the wrongful death of their loved one. With a DUI manslaughter conviction on your record, it can be challenging to secure employment or housing because most employers and landlords perform background checks on employees and tenants.
When you face Watson murder charges, your first action should be to contact an experienced criminal defense attorney to help you create a defense for your charges. We have experienced attorneys at Leah Legal who can evaluate your charges and help you develop the best defense strategy in Van Nuys, CA. Contact us at 818-484-1100 to speak to one of our attorneys.