Vehicular Manslaughter & California DUI
W
hen a person is driving under the influence of drugs or alcohol and is involved in a fatal accident, a charge of vehicular manslaughter usually ensues per California vehicle code 13350.5.
Any car accident or collision resulting in bodily injury or death is cause, under California law, for automatic chemical and alcohol testing of the persons involved, even if such persons are unconscious or even deceased.
Following an extensive investigation of the circumstances leading up to the accident, the District Attorney's Office will determine whether the vehicular manslaughter offense will be charged as a misdemeanor or felony. Many times, the circumstances involving a vehicular manslaughter offense fall under a "wobbler" category, meaning it could be a borderline msidemeanor or felony.
Vehicular Manslaughter with Gross Negligence
Gross neglicence is defined by the DMV as driving with no caution or concern for the safety and wellbeing of other persons. If you are charged with gross negligence while driving under the influence, you will typically be charged with vehicular homicide, rather than manslaughter.
If negligence is established to the degree of a willful or depraved indifference to human life, the District Attorney will claim the offense constituted malice and may seek a conviction on second degree murder.
Vehicular homicide is always charged as a felony offense and does not qualify as a "wobbler".
California law allows for a vehicle to be classified as a deadly weapon in some cases, which allows for the more serious charge of homicide and consequential punishment.
A person charged with gross negligence in harming or causing the death of another person can also be liable for finandcial damages under civil law.
Vehicular manslaughter, on the under hand, is classified under involuntary manslaughter, which means a lack of malice, or intent to kill.
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