In California, a conviction for DUI manslaughter carries up to 10 years in prison. A big factor in your case will be whether you are charged with gross vehicular manslaughter, which carries 4 to 10 years in prison, or vehicular manslaughter while intoxicated, which carries up to 4 years.
An “average” sentence is difficult to determine. There is no “average” case.
| Gross vehicular manslaughter | Vehicular manslaughter while intoxicated | |
| Difference | You acted with gross negligence or a reckless disregard for life | You did NOT act with gross negligence or a reckless disregard for life |
| Prison sentence | 4, 6, or 10 years | Up to 4 years |
Gross vehicular manslaughter while intoxicated
California Penal Code section 191.5(a) PC is the crime of gross vehicular manslaughter while intoxicated. The elements of the crime are:
- you drove a vehicle while intoxicated by drugs or alcohol,
- while driving, you committed another unlawful act, whether a misdemeanor or an infraction violation of traffic law, or an otherwise lawful act that might cause death,
- you committed that act with gross negligence, and
- that grossly negligent conduct caused the death of another human being.[1]
It is up to the prosecutor to prove these elements beyond a reasonable doubt.
Our criminal defense attorneys have found that prosecutors often try to pursue these more serious offenses until it becomes clear that you only acted in ordinary negligence. They may do this in the hopes that you accept a plea bargain to avoid the consequences of the more severe manslaughter case.
A conviction for this offense carries the following penalties:
- up to $10,000 in criminal fines,
- 4, 6, or 10 years in prison, and/or
- formal (felony) probation.[2]
However, if you have a prior conviction for any of the following offenses, the state prison sentence increases to 15 years to life:
- gross vehicular manslaughter while intoxicated (Penal Code 191.5(a) PC),
- vehicular manslaughter while intoxicated (Penal Code 191.5(c) PC),
- gross vehicular manslaughter (Penal Code 192(c) PC),
- vehicular manslaughter while operating a boat (Penal Code 192.5(a) or (b) PC),
- driving under the influence of alcohol or drugs (DUI) (California Vehicle Code 23152 VC), or
- DUI causing injury (Vehicle Code 23153 VC).
Furthermore, a conviction for gross vehicular manslaughter counts as a “strike” under California’s Three Strikes law. This can enhance the penalties of a subsequent conviction.
Vehicular manslaughter charges
Vehicular manslaughter while intoxicated has the same criminal elements but without the gross negligence.
A violation of this California DUI vehicular manslaughter law is a wobbler. It can be charged as either a misdemeanor or as a felony. The DUI defense lawyers at our law firm have found that prosecutors tend to use the following factors when deciding how to charge a wobbler:
- the circumstances of the offense, and
- your criminal background.
Felony charges
If charged as a felony, a conviction carries:
- up to $10,000 in fines,
- 16 months, 2 years, or 4 years in state prison, and/or
- formal (felony) probation.[3]
Misdemeanor charges
If charged as a misdemeanor, a conviction carries:
- up to $1,000 in fines,
- up to 1 year in county jail, and/or
- informal (misdemeanor) probation.[4]
Gross negligence
Gross negligence is the big factor in what penalties you could face if convicted. According to the California Criminal Jury Instructions (CALCRIM), the legal definition is as follows:
“Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: (1) He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND (2) A reasonable person would have known that acting in that way would create such a risk.
In other words, a person acts with gross negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.”[5]
If there was gross negligence, you could be charged with gross vehicular manslaughter while intoxicated and face up to 10 years in prison, or life if you have a prior record.
If there was no gross negligence, the charges would be for vehicular manslaughter while intoxicated, which only carries up to 4 years in prison. There is also no mandatory minimum prison term.
Other penalties of a California DUI
Fines and prison time are not the only penalties that you would face for a DUI conviction in California. Other penalties of a DUI conviction can include:
- a driver’s license suspension or revocation,
- the inconvenience of driving on a restricted license,
- court fees,
- attorneys’ fees for your DUI lawyer,
- the inconvenience and stigma of having to use an ignition interlock device (IID),
- transportation problems,
- professional repercussions, particularly if you are a commercial driver,
- community service obligations,
- having to comply with the terms and conditions of probation,
- increased car insurance premiums, and
- the potential for the victim to file a personal injury or wrongful death case against you.
Other DUI murders in California
Under California law, fatal DUI-related accidents can be charged as murder rather than a form of vehicular manslaughter. These are known as “Watson” murders.
You can be charged with DUI murder or Watson murder if:
- you caused the death of another person while you were driving under the influence,
- you are a repeat DUI offender with prior DUI convictions, and
- you had already been given a “Watson advisement” that educated you about the dangers of DUI before the time of the accident.[6]
These charges are filed under California’s criminal law against murder, Penal Code 187 PC. The idea is that you now know how dangerous it is to drive a motor vehicle while impaired, and this amounts to malice aforethought.
A conviction on these murder charges can carry life in prison.
Legal Citations:
[1] California Criminal Jury Instructions (CALCRIM) No. 590.
[2] California Penal Code 191.5 PC.
[3] Same.
[4] Same.
[5] CALCRIM No. 590.
