Every person has made mistakes at some point. Although most mistakes, while regrettable, do not cause irreparable or even long-term damage, some mistakes carry irreversible and life-altering consequences. Unfortunately, one small lapse in judgment can upend your life and put your future at risk. Driving while under the influence of alcohol or drugs (DUI) is considered a criminal offense in California, even if the driver’s actions did not cause a collision. However, when driving while intoxicated ends up taking the life of someone else, you could face serious criminal consequences. DUI homicide, sometimes also referred to as vehicular manslaughter, refers to cases in which a driver’s reckless or negligent behavior causes the death of another person (i.e., a passenger, another driver, pedestrian, or cyclist). Any instance in which someone’s life is lost involves serious criminal charges and significant penalties if the defendant is convicted. If you are facing DUI homicide charges in Los Angeles County, it’s natural to feel overwhelmed and intimidated by the daunting legal process ahead of you. However, you do not have to move through the criminal justice process on your own, as you can enlist the guidance and support of a highly qualified and experienced criminal defense attorney to advocate for your best interests at every turn. This post will explore some of the strategies, such as plea bargains, that you and your DUI homicide defense lawyer may use to maximize your chances of obtaining the best outcome possible given the specific circumstances of your case.
What is DUI Homicide in California?
California law treats driving under the influence as dangerous to human life, and it makes sure every convicted DUI driver has been told so. Whenever someone is convicted of a DUI offense (even if there was no collision, injury, or death), the court gives the defendant a formal “Watson advisement” at sentencing under Vehicle Code section 23593, and the court-mandated California DUI program repeats the warning. Essentially, the Watson admonition serves as an official warning to defendants that such behavior is extremely dangerous and that a subsequent conviction could lead to murder charges. Most first-time DUI offenders will not face second-degree murder charges. However, prosecutors may file DUI homicide charges any time there is a fatality resulting from a DUI-related collision. To charge murder rather than manslaughter, prosecutors must prove that the defendant acted with “implied malice”: that the defendant actually knew the driving was dangerous to human life and deliberately drove anyway, in conscious disregard of that danger. Recklessness or gross negligence alone supports vehicular manslaughter, not murder. DUI murder is prosecuted as a felony offense, punishable by fifteen years to life in California state prison, a fine of up to $10,000, and a “strike” on the defendant’s criminal record (in accordance with California’s “Three Strikes” law). The severity of the penalties increases when additional parties suffer injuries due to the defendant’s reckless behavior behind the wheel.
How to Plea Bargain a DUI in Los Angeles County
Even those who have no previous encounters with the California criminal justice system may have heard the term “plea bargain” as a potential strategy for lessening the penalties for the defendant. Plea bargains allow the defendant to negotiate with the prosecution for less severe penalties (i.e., less time in jail, fewer fines, mandatory counseling, etc.). Essentially, a plea bargain offers the defendant a way to accept culpability for a crime in exchange for a reduced or less severe sentence. In other words, prosecutors are able to secure a conviction without taking the case to trial, and the defendant is able to receive a reduced sentence for admitting some degree of guilt. There are two primary types of plea bargains available to California defendants: Charge bargains (where the defense negotiates reduced charges that carry lesser sentences; and sentence bargains (where the defense accepts the charges but negotiates a less severe sentence. Those facing a first-time DUI California plea bargain often have several questions about what to expect during this process and some of the potential advantages and downsides of accepting a plea deal.
Plea Deal for DUI Crimes in California
First, it’s helpful to understand how plea deals typically unfold. Plea bargains usually start with the defendant’s criminal defense attorney approaching prosecutors about a potential plea deal. After the criminal defense lawyer has explored the possibility of having the case dismissed, negotiating a plea bargain may be a viable option that’s worth considering—especially if the prosecution has strong and compelling evidence of the defendant’s culpability. Your DUI defense attorney will work with prosecutors to determine the viability of a plea bargain, protecting the legal rights and best interests of the defendant at all times. It’s also important to note that plea bargaining can occur at any point during the legal process (i.e., before formal charges are filed, before the trial begins, during the trial, or before the jury deliberates). However, a plea bargain is no longer an option once the jury has handed a verdict.
Potential Benefits and Drawbacks of Plea Bargaining
A plea bargain is not the best choice for every criminal case. In general, however, the advantages of plea bargains include the possibility of a reduced sentence or less jail time, a shortening of the timeline because the case will not proceed to trial, and a reduction in legal fees and court costs. The most noteworthy downside of negotiating a DUI plea bargain is that admitting culpability essentially convicts you of the crime. The nature of the conviction can impact the defendant’s reputation, employment opportunities, professional licenses, and personal relationships. Moreover, plea bargaining is usually a one-time offer, which means that this option will likely not be offered for a subsequent offense. The decision of whether to pursue a plea bargain is up to you and your Los Angeles County DUI defense attorney. Working with a seasoned and highly qualified lawyer will help you navigate the complexities of plea bargain negotiations, receive advocacy for favorable terms, and keep your legal rights upheld at every opportunity.
From our cases: In People v. Daniel F., the prosecution charged a Watson murder on the theory that he was fleeing an earlier injury collision when the fatal crash happened. At the preliminary hearing, Michael Levin put into evidence AutoSpotter photographs of the first driver’s Jeep, taken months earlier, showing that the damage she blamed on him was already there, and the court dismissed the murder, felony DUI causing injury and hit-and-run charges. Daniel F. later pleaded to vehicular manslaughter while intoxicated, without gross negligence, and was sentenced to probation.
In People v. Sandra H., a vehicular manslaughter trial in Glendale after a freeway crash that killed her passenger, Michael Levin showed that the prosecution’s skid-mark expert had done the speed calculations wrong, proved that she had consumed no drugs or alcohol, and got the expert who ruled out a steering or brake failure to admit he had checked only for hydraulic leaks. The jury found her not guilty.
If you or a loved one is facing DUI homicide charges in Los Angeles County, you need reliable and experienced criminal defense services right away. Call Wegman & Levin APC today at 818-980-4000 to arrange a free consultation with a highly qualified criminal defense attorney.
