A Saturday night on the 101 turns tragic as a driver heading home after dinner drifts across lanes, collides with another car, and someone doesn’t survive. In seconds, what began as a minor lapse in judgment becomes a criminal investigation. Officers arrive, talk to you, administer field sobriety tests, and arrest you for driving under the influence (DUI) vehicular manslaughter.
If you or someone you love is facing a manslaughter charge involving DUI, you’re likely concerned about the potential penalties and what the future holds. The DUI manslaughter sentence in California can vary significantly from one case to another.
Below, we explain the types of DUI manslaughter charges, possible sentences, and how a skilled defense attorney can help protect your rights.
What Is DUI Manslaughter?
DUI manslaughter refers to causing another person’s death while driving under the influence of alcohol or drugs. Unlike a murder charge, prosecutors don’t have to prove intent to kill to get a conviction. They must only show that your negligent actions while intoxicated led to a fatal accident. California recognizes two forms of DUI manslaughter.
Gross Vehicular Manslaughter While Intoxicated
The most serious charge applies when a driver acts with gross negligence, such as extreme recklessness or a disregard for the safety of others. It involves driving under the influence and committing another dangerous act that demonstrates gross negligence, like racing through a red light at 90 mph.
Vehicular Manslaughter While Intoxicated
Ordinary vehicular manslaughter while intoxicated refers to causing a fatal crash due to ordinary negligence or carelessness. This charge applies when a person drives under the influence and causes a death through carelessness, rather than gross negligence. Examples include looking at a phone or rolling through a stop sign when driving while impaired.
The difference between these two levels—ordinary negligence vs. gross negligence—often decides whether the State prosecutes the case as a felony or a misdemeanor.
How Do Prosecutors Prove DUI Vehicular Manslaughter?
To convict someone of DUI vehicular manslaughter, prosecutors must prove beyond a reasonable doubt that:
- You were driving under the influence of alcohol, drugs, or both;
- You committed another negligent or unlawful act while driving;
- Your conduct caused another person’s death; and
- You were not acting in self-defense or under a lawful necessity.
The evidence a prosecutor will use often includes chemical test results, accident reconstruction, eyewitness statements, and video footage. However, your lawyer can challenge even seemingly strong evidence if the police did not follow the correct procedures or if they did something else that made the results unreliable.
What Is the Vehicular Manslaughter DUI Sentence?
The DUI manslaughter sentence in California depends on several factors, including the level of negligence, the presence or absence of prior DUI convictions, the number of injured or killed victims, and the driver’s overall criminal history. Penalties may include:
- Incarceration. Sentences can range from 16 months for a misdemeanor DUI manslaughter conviction, up to 15 years to life for gross vehicular manslaughter. The penalties could increase significantly if you have prior DUI convictions on your record.
- Fines and restitution. Offenders may face fines of up to $10,000, along with mandatory restitution payments to the deceased victim’s family.
- Driver’s license revocation. A felony conviction typically results in a minimum three-year revocation of your driver’s license.
- Probation conditions. Often, courts impose conditions you must fulfill during probation, such as counseling, alcohol treatment programs, or community service.
- Collateral consequences. Additional repercussions can include immigration problems for non-citizens, job loss, and the lifelong impact of having a felony record.
Sentencing judges also consider aggravating and mitigating factors, such as speed, blood alcohol level, cooperation with police, and whether anyone else was seriously injured. Even at the lowest level, a DUI resulting in death, the minimum sentence could have a significant impact on your life.
How Is DUI Manslaughter Different from DUI Murder?
It’s easy to confuse DUI manslaughter with DUI murder, also known as a Watson murder, named for the 1981 California Supreme Court case. The key difference lies in intent and awareness.
A DUI murder charge applies when a person drives under the influence, knowing that DUI can kill, but chooses to do it anyway. Often, prosecutors pursue this charge if you have prior DUI convictions that required attending DUI school, where you were warned of the deadly risks of such actions.
In contrast, DUI manslaughter doesn’t involve intent to kill. In other words, if the driver’s actions were negligent but not deliberate, that would support a manslaughter charge as opposed to intentional murder. Still, both charges carry severe, life-altering penalties, and both require aggressive defense.
Legal Defenses to DUI Manslaughter Charges
These cases are serious and typically complex. Our skilled attorney can develop defense strategies that challenge key aspects of the case, such as causation, intoxication level, or negligence. Some common defenses include the following:
- You weren’t under the influence. Blood or breath test errors, contamination, or rising BAC can produce false positive readings.
- Your driving didn’t cause the death. The other driver’s actions, mechanical failure, or unsafe road conditions could be to blame for the death.
- No gross negligence occurred. Even if you were impaired, the prosecution must prove your behavior was egregiously reckless to obtain a conviction for these serious allegations.
- Police misconduct or procedural violations. Unlawful searches, improper testing, or constitutional violations can lead to evidence suppression.
Every case requires an individualized defense strategy built around facts, science, and law.
The Esfandi Law Group Advantage
At Esfandi Law Group, we defend clients accused of serious offenses, including DUI manslaughter and homicide. Our firm, led by Attorney Seppi Esfandi, brings decades of courtroom experience, 24/7 bilingual support, and an unshakable commitment to protecting your rights.
With a track record of successfully managing countless intoxication manslaughter cases in Los Angeles County, our team delivers strategic, client-centered representation at every stage.
If you’ve been arrested for DUI vehicular manslaughter, your next steps can be critical. Before speaking to the police or accepting any plea offer, talk to our seasoned attorney. Let’s work together to pursue the best possible outcome for your case.
FAQs
What Is the Difference Between DUI Manslaughter and DUI Murder?
DUI manslaughter involves negligence, while DUI murder (Watson murder) involves implied malice, meaning the driver knew the risks of DUI and chose to drive anyway.
What Is the Minimum Sentence for DUI Resulting in Death?
The minimum penalty for misdemeanor DUI manslaughter is typically one year in county jail. For felony cases, the DUI resulting in death minimum sentence can range from 16 months to several years in state prison.
Can I Get Probation for DUI Manslaughter in California?
It’s possible, but rare. Judges consider the facts, prior record, remorse, and input from the victim’s family. Strong legal representation can make a meaningful difference.
