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California Penal Code Section 191.5(a) PC: Gross Vehicular Manslaughter While Intoxicated
California Penal Code Section 191.5(a) PC: Gross Vehicular Manslaughter While Intoxicated
California Penal Code Section 191.5(a) PC covers the crime of gross vehicular manslaughter while intoxicated. This is when someone unlawfully kills another person while driving under the influence of alcohol or drugs. It’s a serious felony charge that can lead to years in state prison.
Now, driving while drunk or high is never a good idea. But accidents do happen, and not every DUI leads to criminal charges. So when does drunk driving cross the line into gross vehicular manslaughter? Let’s break it down.
What Makes It “Gross” Manslaughter?
Regular vehicular manslaughter is when someone kills someone else through negligence while operating a vehicle. But gross vehicular manslaughter involves something more – a willful disregard for life by driving extremely recklessly.
Here are the key elements prosecutors have to prove for a gross vehicular manslaughter conviction under Penal Code 191.5(a) PC:
- You were driving under the influence of alcohol or drugs, or both
- While driving DUI, you committed an unlawful act, like speeding, or a lawful act with gross negligence, like texting
- You committed that act in a way that showed willful disregard for human life
- Your actions caused another person’s death
Let’s break these down in plain English:
- You were wasted behind the wheel with a BAC of 0.15% or more
- While completely smashed, you drove crazy – like 100 mph down a busy street
- Any reasonable person would know driving that recklessly while wasted could easily kill someone
- And your actions did cause someone’s death – like you plowed into them at high speed
That’s what elevates it from regular manslaughter to gross vehicular manslaughter – the willful disregard for life by driving recklessly while DUI. It’s about the extreme deadly risks you knowingly created.
What Are the Penalties?
A conviction under Penal Code 191.5(a) PC is always a felony, never a misdemeanor. The potential sentences include:
- 4 years in California state prison
- 6 years in California state prison
- 10 years in California state prison
The judge picks between these set sentencing options. Which one you get depends on factors like your criminal history and any injuries caused.
In addition to years in prison, expect hefty fines up to $10,000. You’ll lose your license for at least a year, possibly longer. And your auto insurance rates will skyrocket for many years.
How Is This Different from Regular DUI Manslaughter?
Penal Code 191.5(b) PC covers the crime of vehicular manslaughter while intoxicated. The key difference versus gross vehicular manslaughter is it doesn’t require willful disregard for life.
For example, say you cause an accident while driving home buzzed from two beers. Tragically, your passenger dies from injuries in the crash. You were negligent and made a deadly mistake by driving tipsy. But you weren’t acting with willful disregard for life.
In this case, you’d face vehicular manslaughter while intoxicated under 191.5(b) PC, not the gross version. The penalties are less harsh – up to a year in county jail versus years in state prison.
What Defenses Work Against These Charges?
There are several legal defenses that skilled DUI attorneys use to contest accusations of gross vehicular manslaughter while intoxicated under Penal Code Section 191.5(a) PC.
Here are some common defenses to fight these charges:
- You weren’t actually DUI – Lab errors happen. Perhaps your blood sample was tainted or the breathalyzer was improperly calibrated. A good defense lawyer can challenge the validity of BAC test results.
- No willful disregard for life – Even if you were DUI, did you really act with willful disregard? Maybe road conditions misled you or your drink was spiked without your knowledge.
- Lack of gross negligence – Gross negligence means a willful choice to drive with extreme recklessness. But maybe the circumstances show you weren’t grossly negligent.
- No “but-for” causation – Even if you drove negligently, can the prosecutor prove your actions directly caused the fatal accident? Lack of causation is a potential defense.
An experienced DUI defense lawyer can evaluate the evidence against you and decide what defenses to pursue in your particular case.
Prosecutors sometimes charge gross vehicular manslaughter while intoxicated along with other criminal traffic offenses, including:
- DUI causing injury – California Vehicle Code 23153 VC. If you hurt other people in the accident, you could face additional DUI injury charges.
- Hit and run – California Vehicle Code 20001 VC. Fleeing the scene of an accident leads to further charges.
- Under 21 DUI – California Vehicle Code 23140 VC. Harsher penalties apply if you were under 21.
Skilled DUI defense lawyers know how to negotiate with prosecutors to minimize charges and penalties. An experienced attorney can often get charges reduced or even dismissed entirely.
Find an Aggressive DUI Defense Attorney Near Me
Have you been accused of gross vehicular manslaughter while intoxicated under California Penal Code 191.5(a) PC? Don’t leave your fate to chance. The stakes are too high.
Connect with a top-rated California DUI defense lawyer in your area for help fighting these serious allegations. Share your story in a free case evaluation. Learn about all your options for beating the charges and minimizing penalties.
With an experienced criminal defense attorney on your side, you can hold the prosecution accountable and achieve the most favorable outcome. Don’t wait to get expert legal help.