What Are the Legal Consequences of a DUI Death in California?

 Posted on October 23, 2024 in DUI

Driving under the influence (DUI) is one of the most common crimes in California. Last year, there were a reported 125,000 DUI-related arrests, averaging about 340 a day. There were over 200,000 crashes and more than 4,000 deaths from DUI collisions.

A DUI offense is a serious crime in California and can carry heavy fines and jail time, in addition to driver’s license suspension or revocation. A DUI that causes a death, however, is treated even more harshly. The penalties for a DUI death depend on whether the offense is charged as vehicular manslaughter or second-degree murder. If you are facing charges related to a DUI, contact a California DUI defense attorney.

What Is Vehicular Manslaughter While Intoxicated in California?

Vehicular manslaughter while intoxicated is when a driver kills someone by driving under the influence. It is the most common charge filed in DUI death cases and has two subcategories:

• If the death was a direct cause of the DUI and the driver was performing a dangerous act, it is called vehicular manslaughter with gross negligence. For example, the intoxicated driver could have killed a pedestrian by driving on the sidewalk.
• If the death was indirect, and there was no demonstration of gross negligence, then it is considered vehicular manslaughter without gross negligence and is a slightly lighter offense.

What Are the Penalties for Vehicular Manslaughter While Intoxicated in California?

Vehicular manslaughter while intoxicated carries the following penalties:

• Vehicular manslaughter without gross negligence: This is called a "wobbler" offense because it can be charged as a felony or misdemeanor at the prosecutor’s discretion. As a misdemeanor, it can carry a sentence of up to one year in the county jail. As a felony, it can carry 16 months, two years, or four years in California state prison. 
• Vehicular manslaughter with gross negligence: This is a felony that carries four, six, or 10 years in California state prison.
• If the defendant had prior DUI convictions, he or she may face up to 15 years in state prison.

A vehicular manslaughter charge can also result in a fine of up to $10,000.

When Is a DUI Death Charged as Second-Degree Murder?

In some cases, a driver who kills someone while driving under the influence can be charged with second-degree murder, or what California calls a "Watson murder." This applies when the driver has prior DUI convictions and killed someone with "implied malice." Implied malice is not explicitly defined by the law, but it is understood to mean a conscious disregard for life. It is less than an intent to kill but more than just negligence.

The penalties for a Watson murder charge are:

• 15 years to life in California state prison
• 25 years to life if the victim was a police officer on duty
• A fine of up to $10,000

Contact a Richmond, CA DUI Defense Attorney

The charges for a DUI death can vary and its penalties range in severity. The best way to defend yourself against a vehicular manslaughter or second-degree murder charge is to hire a San Francisco, CA DUI defense lawyer who understands the nuances of California’s DUI laws. At Burglin Law Offices, P.C., attorney Paul Burglin has defended over 5,000 individuals charged with DUI and is ready to start working on your defense. Schedule a free consultation by calling 415-729-7300 today.