A DUI Vehicular manslaughter charge is a serious legal matter with severe consequences. This felony offense is described in sections 191.5 and 192(c) of the California Penal Code. It occurs when your careless or unlawful driving of a motor vehicle, which is usually exacerbated by driving under the influence of alcohol or drugs, leads to the devastating death of another human being. These serious charges can lead to harsh punishment, including years of state prison, significant fines, the loss of driving privileges, and a permanent criminal record that will haunt your future.
With the legal and personal consequences of vehicular manslaughter charges being so enormous in San Diego, you should seek the help of competent legal counsel should you face these charges. Talk to the team at San Diego DUI Attorney as soon as possible. Work with us to ensure you are not victimized, explore possible defense options, and help you understand what to expect based on the circumstances of your case.
DUI (Driving Under the Influence) Vehicular Manslaughter (PC 191.5)
To achieve a DUI vehicular manslaughter conviction under Penal Code Section 191.5, the prosecution must meet the burden by proving several key factors beyond a reasonable doubt. All of these elements must be established to show your legal guilt. Failure to demonstrate any of them can undermine the prosecution’s case, possibly resulting in acquittal or a lesser charge.
The prosecution has to prove the following elements:
- You Were Driving Under the influence
Driving under the influence is the foundation of any PC 191.5 charge. The state has to prove that you were under the influence of alcohol or drugs at the time of driving. This can be done in different ways.
In the case of alcohol, the most popular way is to demonstrate that you had a blood alcohol content (BAC) of 0.08% or above, which is the “per se” legal limit in California. However, technically, even when your BAC was less than this limit, the prosecution can still prove that you were impaired. If they can prove that alcohol or drugs compromised your capability to drive safely and with the same degree of caution and prudence as a sober person would, using ordinary care. Indicators of this impairment could include:
- Police observation of your driving habits before the incident
- Your score on a standardized field sobriety test given by police officers
- The testimony of witnesses as to your attitude, speech, or physical coordination at the time of the incident
The starting point of the argument on the part of the prosecution is the presence of intoxicating substances in your system and the effect they had on your driving faculties.
- You Performed Another Unlawful or Negligent Act When Driving
Committing an illegal or negligent act is the key distinction between a standard DUI and DUI vehicular manslaughter. It identifies the exact behavior that directly led to the devastating loss of life. The fact that you were merely driving under the influence is not sufficient to prove your guilt. The prosecution must also show how your intoxication was related to another act or failure to act that manifested a violation of your duty of care on the road.
What this extra act was and to what extent is the most critical factor, as this determines exactly what sub-section of the PC 191.5 you could be charged with and therefore what degree of offense.
Gross Negligence (PC 191.5(a))
To prove the most serious level of vehicular manslaughter committed under a state of intoxication, the prosecution must demonstrate that the additional unlawful or negligent act you committed was gross negligence. This standard is much more than negligence. Gross negligence means a reckless act in which you acted with either:
- A deliberate and wanton disregard of the value of human life or
- A blatant disregard of the serious consequences that your actions are likely to foresee
It is a gross departure from the behavior of a reasonably careful individual.
Some practical manifestations of this egregious conduct could involve:
- Driving at excessive speeds, many times over the posted speed limits
- Participating in reckless street racing
- Intentionally driving against the flow of traffic
- Intentionally driving through several red lights or stop signs in an intoxicated condition
The degree of carelessness indicates a deep-seated disregard for other road users’ lives and safety.
Ordinary Negligence (PC 191.5(b))
By contrast, under the lesser felony or wobbler offense under PC 191.5(b), the prosecution only has to prove that your extra act was ordinary negligence. This is a lesser standard of law, which describes a mere traffic offense or failure to exercise the reasonable care that an ordinarily prudent person would have exercised under comparable circumstances. The examples of ordinary negligence that your drunkenness may cause would include:
- Unsafe lane changes without checking blind spots
- Failing to signal when making a turn
- Taking a momentary glance at a cell phone
Although it is not as blatantly irresponsible as gross negligence, this degree of carelessness in combination with your impairment and a death results in serious legal consequences. In these complicated cases, the fine line between ordinary and gross negligence often becomes a major, hotly contested issue, because it directly impacts the possible sentencing.
- Your Negligent Act Directly Caused the Death of the Victim
This last element forms the necessary causal connection between your careless driving and the fatal loss of life. The prosecution should show a direct linkage of events where it can be established that your particular negligent behavior, which was done when you were under the influence, was the proximate and immediate cause of the death of the victim. This means they should demonstrate that death would not have resulted without your careless acts.
The prosecution could have difficulty convincing the jury of your guilt if:
- There was an independent, unforeseeable, and superseding event that occurred between the time of the accident and the time of death, and was the only cause of the death
- The victim’s pre-existing medical conditions caused their death and were not caused by the crash
Proving this direct causal relationship often takes significant effort, including involving experts. Expert witness testimony of accident reconstructionists examines the dynamics of the collision. On the other hand, medical experts help the jury understand how a person died and how the incident directly caused the death. The quality of this causation relationship is a key element on which the whole case against you finally depends.
Non-DUI Vehicular Manslaughter (Penal Code 192(c))
Although Penal Code Section 191.5 addresses only those deaths directly related to drunken drivers, the legal system of the state also provides detailed coverage of vehicular manslaughter. This is especially true in cases where alcohol or drug intoxication is not a factor. This unique category is covered by section 192(c) of the Penal Code, which provides a broader framework with equal seriousness to prosecute deaths that are caused by different types of negligent driving.
Knowing these key differences helps you understand the particular legal issues and possible offenses you could face when there is no intoxication involved in the tragic event. This section of the law assigns liability in cases when reckless or careless driving causes a fatality, without the extra factor of a DUI.
Penal Code 192(c) has several cases that carry different legal implications and possible punishments:
- Vehicular Manslaughter With Gross Negligence (PC 192 (c)(1))
Vehicular manslaughter with gross negligence is a felony offense. Prosecutors will prefer these charges in cases where your driving is described as having a reckless disregard for the life and safety of other people, which directly caused a fatality. Critically, however, not when you were driving under the influence of alcohol or drugs.
This crime requires a greater degree of guilt than mere negligence. It entails behavior that is so out of line with the standard of care that a reasonable, prudent individual would have that it reflects a deliberate disregard for the life of another. This behavior is likely to cause serious injury or death. These acts could include:
- Indulging in risky activities on the road, like weaving through busy traffic at very high speeds, disregarding several traffic lights
- Driving in a way that demonstrates complete disregard for the set traffic rules and the safety of other road users
In this case, the prosecution should establish that your reckless driving was extreme and not intoxicated.
- Vehicular Manslaughter With Ordinary Negligence (PC 192(c)(2))
Vehicular manslaughter with ordinary negligence is a charge that, being a misdemeanor in nature, is applicable when a fatality is caused by your commission of a mere traffic violation or a simple act of carelessness when driving your car, and, once again, without any aspect of intoxication. This criterion is a lower standard of culpability than gross negligence, and it means a lack of the reasonable care that an ordinarily prudent person would have taken under comparable circumstances. Examples could include:
- A brief loss of concentration that results in an accident, for example, a brief look at a phone that causes you to drift
- A minor traffic offense, like failure to yield the right of way or an unsafe lane change
These actions should have a direct result of a fatal outcome.
Although this charge is not as serious as the felony charges, a conviction under this subsection has significant repercussions, including possible county jail sentencing, fines, and a substantial criminal record.
- Vehicular Manslaughter With Financial Gain
Vehicular manslaughter with financial gain is also a felony. Prosecutors pursue this charge when you commit an accident with the full knowledge and forethought of defrauding an insurance company or gaining an illegal monetary advantage. This criminal act is an unfortunate cause of the death of another person. The core element in this case is the deliberate and premeditated motive to create a crash with the purpose of financial profit, which then leads to the tragic loss of human lives.
The Watson Murder Rule
In California, a previous DUI offense can significantly increase the seriousness of a subsequent DUI fatality charge, which may change it into second-degree murder. The Watson murder rule mainly governs this harsh legal implication.
The Watson murder rule, which was based on the case People v. Watson (1981), enables a prosecutor to convict you of second-degree murder when a fatal DUI accident happens, and you have a previous DUI conviction. The rule is determined by the existence of “implied malice,” which occurs when you act with a conscious disregard of human life and the understanding that your actions put other people at risk.
Another critical element in proving implied malice is what is known as the Watson advisement. You receive this special caution once you have a previous DUI conviction in California. It states clearly what the risks are of driving under the influence and how you may be charged with murder in the event of a death due to your driving under the influence.
A signed acknowledgement of this advisement is direct evidence that you knew of the risks. Then prosecutors can present your signed Watson advisement in a prior DUI to show that you intentionally disregarded those dangers since you chose to drive impaired and cause a fatality. This would prove the legal meaning of implied malice in a second-degree murder charge. Doing so avoids the need to prove the premeditation or intent to kill.
A second-degree murder conviction is punishable by a far greater sentence than vehicular manslaughter, usually 15 years to life in state prison.
Penalties Comparison Across the Statutes
Vehicular manslaughter is a grave offense with a wide variety of penalties that can significantly vary depending on which section of the Penal Code you are accused of violating or whether there are any aggravating circumstances like intoxication or a prior conviction. You should know these specific sentencing guidelines for anyone charged with vehicular manslaughter, since the stakes are incredibly high.
The following is a breakdown of possible sentences:
- Misdemeanor vehicular manslaughter (PC 192(c)(2))— This is a crime based on normal negligence, which does not involve intoxication. The offense can carry a sentence of up to 1 year in county jail, a fine of up to $1,000, or both. Although it is a misdemeanor, it will result in a criminal record.
- Gross vehicular manslaughter (Non-DUI) (PC 192(c)(1))— This felony occurs when it is determined that you acted with gross negligence but were not intoxicated. You could face a 2, 4, or 6-year imprisonment in state prison. If convicted
- DUI vehicular manslaughter with ordinary negligence (PC 191.5(b))— A PC 191.5(b) violation is a wobbler. The prosecutor can charge the offense as a misdemeanor or a felony. When charged as a misdemeanor, the punishment includes no more than 1 year in county jail. When it is a felony, it is punishable by 16 months, 2 years, or 4 years in state prison.
- Gross DUI vehicular manslaughter (PC 191.5(a))— A PC 191.5(a) violation is a felony, with a state prison term of 4, 6, or 10 years. This is the case when your gross negligence and drunk driving result in a fatality. Other enhancements may be made, including 3 to 6 years in case any living victim had been subjected to great bodily injury.
- Watson Murder (second-degree murder)—A fatal DUI incident that results in a conviction under the Watson rule may result in a 15-year to life sentence in a state penitentiary. This is the maximum escalation, which is only applied in situations where there has been implied malice as a result of the prior DUI conviction and the resultant death from driving under intoxication.
In addition to direct imprisonment and fines, there are also considerable collateral consequences caused by the conviction of vehicular manslaughter. A felony conviction for the above offenses, particularly PC 191.5(a) and the Watson murder, constitutes a “strike” under California’s Three Strikes Law. This means that when you earn other felony convictions, your punishment will be significantly increased, and you could face a life sentence when you earn the third strike. Moreover, you will also have to undergo the compulsory revocation of your driver’s license.
Furthermore, in all vehicular manslaughter cases, there are usually orders of restitution for the victims. This will involve you paying the victim’s family for economic damages that may include the cost of the funeral, medical bills, lost income, and, in some cases, other economic damages. These restitution orders may be large, collectible as a civil judgment, and may be a financial burden over many years.
Defenses You Can Use to Fight Vehicular Manslaughter Charges
When charged with vehicular manslaughter, you need a vigorous and well-rounded defense approach that will carefully dismantle the prosecution’s case piece by piece. A capable lawyer will be concerned with establishing reasonable doubt on the basic elements that the state must prove to convict the accused. The following are some defense strategies your attorney could use:
Challenging the Intoxication
The first line of defense is to challenge the element of intoxication. In the case of DUI vehicular manslaughter (PC 191.5), the prosecution is required to prove beyond a reasonable doubt that you were intoxicated. Your defense team can question the reliability and admissibility of the evidence presented to prove intoxication. This can entail:
- Arguing that the initial stop of the traffic was illegal, which went against your Fourth Amendment rights, and this can result in all the evidence that followed being suppressed
- Challenging the validity of blood or breath tests
- Exploring possible non-compliance of Title 17 — Thai includes the failure to adhere to the appropriate testing procedure, the lack of proper calibration of the breathalyzer, inappropriate blood draw methods, or sample handling (chain of custody problems)
Furthermore, they could use the rising BAC defense, which holds that, at the point of driving, your BAC was not higher than the legal limit but increased only after your arrest. Unless the prosecution can nail the issue of intoxication beyond doubt, a charge under PC 191.5 is unsustainable. It may be brought down to a non-DUI vehicular manslaughter or even dismissed.
Challenging the Degree of Negligence
The other important defense approach involves challenging the degree of negligence. The difference between regular and gross negligence significantly influences the degree of the charges and possible punishment. Your lawyer will do his/her best to provide the evidence that will reduce the reckless nature of your actions, claiming that your actions, though maybe negligent, were not so grossly negligent as to disregard human life consciously.
With this defense, it is a fight over classification. The defense will strive to provide the evidence that will reduce the reckless nature of your actions, claiming that your actions, though maybe negligent, were not so grossly negligent as to disregard human life consciously. It is a fight over classification, in which the defense will strive to demonstrate that your conduct was, at best, only careless or a minor traffic violation.
This is opposed to the gross departure from the standard of care necessary to support the more serious gross vehicular manslaughter charges under PC 191.5(a) or PC 192(c)(1). This could include having expert witness testimony on driving conditions, road design, or even human factors that may explain your actions without showing a wanton disregard of safety.
The Chain of Causation Was Broken
An interruption of causation is one of the strongest lines of defense. In all cases of vehicular manslaughter, the prosecution has to demonstrate that the negligent act directly and legally caused the death. The defense will often attempt to prove what is called a superseding cause, an independent, intervening event that was the real, proximate cause of the death and which therefore breaks the chain between what you did and the death. The superseding causes might be:
- The extreme recklessness of the other driver
- Sudden and unpredictable mechanical failure of your vehicle or another one
- A significant and unaddressed road defect that helped the accident occur
- A medical incident happened to the victim and had nothing to do with the collision
In these instances, the input of expert accident reconstructionists is usually critical, as they examine the dynamics of the crash, collision speed, and the point of impact to prove that other factors were the leading cause of the unfortunate event. This unfortunate event was not under your control or due to your actions.
Find a DUI Defense Lawyer Near Me
The result of a conviction of DUI vehicular manslaughter is devastating in that it will change your life, the victim’s, their family’s, and your own forever. The legal battles are complex, the punishments are severe, and the emotional costs are incalculable. Talk to a DUI defense attorney immediately when you or a loved one is charged with these serious offenses.
At San Diego DUI Attorney, we will review the evidence carefully, defend your rights, and develop the strongest possible defense to achieve the most favorable outcome in your challenging case. Contact us at 619-535-7150 for a case assessment.
