Driving under the influence of alcohol or drugs is dangerous — and can lead to serious consequences if your actions cause the death of another person.
One of the most important reasons why California and other states have such strict drunk driving laws is to prevent accidents, injuries and deaths. There is no question: driving while under the influence of alcohol can lead to fatalities. If you have caused a death while drunk driving, you will likely be charged with DUI Manslaughter.
DUI Manslaughter Charges
Vehicular manslaughter occurs whenever a person causes the death of another while driving due to a negligent act. If the driver was intoxicated when the fatality occurred, then he or she committed the crime of DUI Manslaughter. DUI Manslaughter can be charged if you are under the influence of either alcohol or drugs at the time of the accident.
DUI Manslaughter can be charged one of two ways : gross vehicular manslaughter while intoxicated or vehicular manslaughter while intoxicated. Both crimes require that the driver commits the crime of DUI and another negligent or grossly negligent act, and a person is killed as a result. Importantly, the negligent or grossly negligent act must be separate from the DUI itself and must have caused the death. It also must be a California misdemeanor, a traffic infraction or a lawful act that could cause death.
The distinction between the two charges rests on just how negligent the action was. If a person drives while drunk and makes a call on the phone, for example, that is likely ordinary negligence that would be charged as vehicular manslaughter while intoxicated. But if a person drove 30 miles over the speed limit in a residential area or ran a red light, that could be a “grossly negligent” act that would be charged as gross vehicular manslaughter. Gross negligence occurs when a person acts in a reckless way that has a high risk of death or serious bodily injury, and a reasonable person would know that acting in that manner would create this risk. Vehicular manslaughter while intoxicated could be charged as either a felony or a misdemeanor, while gross vehicular manslaughter while intoxicated is a felony.
Because DUI manslaughter is such a serious crime, the penalties are severe. If convicted of gross vehicular manslaughter while intoxicated, you could face up to ten years in prison and the loss of your license. If convicted of vehicular manslaughter while intoxicated, you could be sentenced to up to four years in prison for a felony or 1 year in jail for a misdemeanor. In either case, your driver’s license will also be suspended.
Defenses to DUI Manslaughter Charges
Defending against a DUI manslaughter charge requires a top-notch Newport Beach DUI lawyer. After evaluating the facts of the case and the circumstances of the accident, your attorney may be able to argue against one or more elements of the crime. This could include proving that you were not actually intoxicated at the time of the accident, or that the action in question wasn’t negligent or grossly negligent. For example, if there was an emergency situation, that may have justified your actions so that they were not actually negligent. If you have been charged with gross vehicular manslaughter while intoxicated, your lawyer may be able to argue that your actions constituted ordinary negligence — not gross negligence. This could lead to the charges being reduced.
Your attorney could also potentially argue that even though you were driving while intoxicated and committed a negligent act, that action did not actually cause the death of the victim. If the victim’s death was caused by his own actions, the actions of a third party, or forces beyond your control, this could be a viable defense.
DUI Manslaughter is a serious charge. If you have been arrested for causing the death of another person while driving under the influence of alcohol or drugs, you will need a high quality, aggressive Newport Beach DUI lawyer who will fight to protect your legal rights and your freedom. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation about your DUI case. We are experienced in defending against all types of DUI cases, including DUI Manslaughter charges, and will work hard to reach the best possible outcome for you.
