Car accidents are an unfortunate part of life, as they can happen to anyone at any time. While most traffic accidents involve minor damage to the cars or trucks or cause physical injuries that may require medical attention, some collisions—especially those that occur at high speeds—result in loss of life. The National Highway Traffic Safety Administration (NHTSA) estimates that 42,795 people died in motor vehicle traffic crashes in 2022 (the most up-to-date statistic available). Being involved in a car accident that involves a fatality is overwhelming and stressful enough. However, if California law enforcement is accusing you of driving under the influence (DUI) of drugs or alcohol at the time of the accident, it’s natural to feel intimidated and concerned about how a DUI homicide charge could reshape your future. Suddenly, the weeks, months, and years ahead of you become uncertain, and you wonder how a DUI manslaughter charge could lead to considerable jail time, costly fines, and other criminal penalties that may limit or restrict your freedom and future prospects.
As stressful as this situation may be, it’s essential to recognize that you do not have to go through it on your own. Enlisting the guidance of an experienced and highly qualified DUI manslaughter attorney is the best way to maximize your chances of obtaining a fair and favorable outcome. Together, you and your skilled Los Angeles County criminal defense lawyer can prepare a strong DUI manslaughter defense that protects your future and freedom as much as possible. This post will explore how DUI homicide charges typically unfold in Los Angeles County and the steps you can take to develop a strong and effective legal defense strategy that safeguards your future and preserves your rights at every opportunity.
DUI Resulting in Death Charges in California
Whenever an incident that involves an intoxicated driver causing a fatal traffic accident occurs, law enforcement and prosecutors must determine what criminal charges are most appropriate for the intoxicated driver. Depending on the circumstances of the event and whether the defendant has any previous DUI convictions, the defendant may be charged with vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or DUI murder (also called “Watson Rule” murder). Let’s take a closer look at the differences between these types of criminal charges.
Vehicular Manslaughter While Intoxicated
California Penal Code section 191.5(b) makes it illegal to take the life of another person without malice aforethought while driving a vehicle while under the influence of drugs or alcohol. Moreover, the driver must also be found in violation of the Vehicle Code. The loss of life must be the proximate result of an unlawful act, not amounting to a felony, performed with negligence, or the proximate result of a lawful act that might cause death being conducted in an unlawful manner and with negligence. For example, consuming alcohol and then traveling above the posted speed limit could be considered a violation of the Vehicle Code. If the driver then collided with another vehicle and killed the other driver or a passenger, the driver may be charged with vehicular manslaughter while intoxicated. This offense is considered a “wobbler,” meaning prosecutors may seek either misdemeanor or felony charges. If convicted, the maximum misdemeanor sentence is one year in jail, and the maximum felony sentence is four years in prison, as well as costly fines.
Gross Vehicular Manslaughter While Intoxicated
The penalties for gross vehicular manslaughter while intoxicated can be more severe and lasting than those for vehicular manslaughter while intoxicated. California Penal Code section 191.5(a) is nearly identical to vehicular manslaughter while intoxicated, but it contains one key difference. In order to secure a conviction of gross vehicular manslaughter while intoxicated, prosecutors must show that the defendant acted with gross negligence. Gross negligence occurs when a person acts in a reckless way that creates a significant risk of death or great bodily injury, and any reasonable person would have known that behaving in this way would create such risk. Gross vehicular manslaughter while intoxicated is a felony offense, punishable by four, six, or ten years in prison, costly fines, and other restrictions to your future and freedom.
DUI Murder (Watson Murder Rule)
The most serious DUI homicide charge is a DUI murder or Watson murder. Penal Code section 187 allows California prosecutors to charge you with DUI murder in an incident that’s considered homicide by vehicle while DUI because you are a repeat DUI offender and the court has given you a “Watson advisement” warning you about the dangers of driving while intoxicated at the time of your prior DUI conviction. Essentially, if the court has already warned you about the dangers of driving while intoxicated, a subsequent offense carries more severe consequences. There may be other bases for a Watson murder, such as a person who knows they’re prone to seizures deciding to drive despite this knowledge. Watson murders are based on the concept of “implied malice”. That is, that (based on circumstances) a person has exhibited a “reckless disregard for human life” by deciding to drive. Watson provides the malice needed to elevate a driving related death to murder rather than vehicular manslaughter, which is punishable by 15 years to life in California state prison, up to $10,00 in fines, and other severe penalties.
DUI Defense Strategies in Los Angeles County
If you are facing DUI homicide charges in Los Angeles County, you need to speak with a highly skilled and experienced criminal defense lawyer as soon as possible to discuss your case. Your DUI manslaughter attorney will examine every detail of the event and identify the most strategic path forward. There are several DUI homicide defense strategies you can employ to have the charges reduced or even dismissed altogether. For example, your attorney can argue that you were not legally intoxicated at the time of the crash by challenging the credibility of the chemical, blood, or breath test results. If the arresting officers failed to inform you of your legal rights at the time of your arrest or you were unjustly targeted in an unlawful police stop, your attorney can use these violations to build a legal defense strategy. Regardless of the unique circumstances of your case, working with a skilled and trusted Los Angeles County criminal defense lawyer is essential in maximizing your chances of obtaining your desired outcome.
If you are facing DUI homicide or DUI manslaughter charges in Los Angeles County, you need reliable and effective legal defense services as soon as possible to keep your future bright. Call Wegman & Levin today at (818) 980- 4000 to arrange a free consultation with a dedicated and experienced criminal defense lawyer who will work hard to defend your legal rights at every turn.
