Questions About DUIs Resulting in Death

What is a DUI Resulting in Death?

Driving under the influence (DUI) is a serious offense in California, but when it results in the death of another person, the consequences are even more severe. Under California law, this charge can be classified as vehicular manslaughter while intoxicated or second-degree murder, depending on the circumstances of the case.

If you are facing these charges, understanding the legal process and potential penalties is critical to protecting your rights.

Legal Definitions and Differences

California law defines DUI-related fatalities under several statutes:

Vehicular Manslaughter While Intoxicated: Governed by Penal Code Section 191.5(b), this charge applies when a driver causes a death through negligence while under the influence of alcohol or drugs.
Gross Vehicular Manslaughter: Applies when the driver exhibits gross negligence, leading to a more severe penalty.
Second-Degree Murder (Watson Murder): Reserved for cases where the driver acted with implied malice, knowing the risks of DUI and driving regardless.

Each of these charges carries different penalties and requires distinct legal strategies.

Penalties for DUI Resulting in Death

The penalties for a DUI-related death vary based on the severity of the charge:

Vehicular Manslaughter While Intoxicated: Up to 10 years in prison and fines.
Gross Vehicular Manslaughter: Up to 15 years in prison and significant fines.
Second-Degree Murder: 15 years to life in prison under California’s Watson ruling.

Additional consequences can include loss of driving privileges, mandatory DUI education programs, and restitution to the victim’s family.

Common Defenses for DUI Resulting in Death

A strong legal defense is crucial for fighting DUI charges involving fatalities. Common defenses include:

Challenging Evidence: Questioning the accuracy of blood alcohol content (BAC) tests or the handling of evidence.
Lack of Causation: Arguing that the death was not directly caused by your actions.
Police Misconduct: Highlighting procedural errors or violations of your rights during the investigation or arrest.
Medical Conditions: Demonstrating that a medical condition caused symptoms similar to intoxication.

Steps to Take If Accused

If you are accused of a DUI resulting in death, follow these steps to protect yourself:

Hire a Defense Attorney: Consult with an experienced DUI lawyer immediately.
Do Not Admit Fault: Avoid making statements to law enforcement without legal representation.
Preserve Evidence: Gather any evidence, such as witness accounts or dashcam footage, that supports your defense.
Stay Off Social Media: Avoid posting anything about the incident online, as it could be used against you in court.

How a DUI Defense Lawyer Can Help

Working with a skilled DUI defense attorney ensures that you have the best possible representation. They can:

Examine the evidence against you and identify weaknesses in the prosecution’s case.
Challenge the legality of the arrest or testing procedures.
Negotiate with prosecutors to reduce charges or penalties.
Advocate for your rights in court, presenting a strong defense to achieve the best possible outcome.