Driving under the influence (DUI) in California can lead to severe repercussions, especially if it results in a tragic accident causing someone’s death. This situation falls under DUI manslaughter, a serious offense with complex legal implications.
Understanding the different charges and their potential consequences is crucial for anyone facing such allegations. Read on to get the facts and contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.
Understanding the Two Types of DUI Manslaughter Charges
In California, DUI manslaughter is categorized into two distinct charges, each carrying different levels of severity and corresponding penalties.
Gross Vehicular Manslaughter While Intoxicated
Penal Code 191.5(a) addresses gross vehicular manslaughter while intoxicated. This charge is applied when the prosecutor believes the defendant demonstrated a reckless disregard for human life – for instance, driving at excessively high speeds while intoxicated. Conviction under this charge can result in a prison sentence of four, six, or ten years, depending on various factors, including the specifics of the case and the defendant’s criminal history.
Vehicular Manslaughter While Intoxicated
The second category, under Penal Code 191.5(b), is vehicular manslaughter while intoxicated. This charge is a ‘wobbler’ in legal terms, meaning it can be prosecuted as either a felony or a misdemeanor. The decision hinges on several factors, such as the details in the police report and the defendant’s past criminal and DUI records.
A felony conviction under this charge can lead to 16 months, two years, or four years in prison. If prosecuted as a misdemeanor, the maximum sentence is one year in jail, with no mandatory minimum punishment.
Additional Consequences of DUI Manslaughter Convictions
Apart from jail time, there are other significant consequences for individuals convicted of DUI manslaughter. These include:
- Revocation of the driver’s license for a certain period.
- Payment of fines.
- Probation sentences.
- Mandatory enrollment in substance abuse treatment programs.
The severity of these additional penalties varies depending on the nature of the charge and the specifics of the individual case.
Importance of Early Legal Intervention
In cases of DUI manslaughter, early legal intervention is crucial. Engaging with an experienced attorney as soon as possible can significantly impact the direction and outcome of the case. It provides an opportunity to review the charges, consider the evidence, and formulate an effective defense strategy.
DUI manslaughter charges in California carry serious implications, including potential jail time, license revocation, fines, and mandatory treatment. Understanding the difference between gross vehicular manslaughter and vehicular manslaughter, along with their respective legal consequences, is vital.
If you find yourself facing such charges, seeking prompt and expert legal advice is imperative. Contacting a knowledgeable criminal defense attorney for a free consultation can provide clarity and assistance in these challenging circumstances. Contact Simmons Wagner, LLP at (949) 439-5857 now to get started.