No matter the circumstances, a DUI is always a serious charge that can carry pretty serious circumstances. When you cause the death or bodily injury of another while you are driving under the influence of alcohol, all of a sudden those charges become even more serious and you will probably face felony charges, rather than misdemeanor charges. When you are charged with vehicular manslaughter while intoxicated, you could face years in jail, among other consequences.
DUI With Injury: VEH 23153
If you cause injury to another person while you are driving under the influence, you can be charged with a DUI with injury as per the California Vehicle Code. In order to be charged with this crime, it must be proven that you violated at least one of California’s DUI laws, that you broke another law or acted negligently while driving and that the negligence caused an injury to someone else. DUI with injury can be charged as a misdemeanor or a felony, depending on the circumstances. Typically, a misdemeanor charge will carry a sentence of five days to one year in county jail, informal probation for three to five years, up to $5,000 in fines and a suspension of your driving privileges.
Vehicular Manslaughter and Gross Vehicular Manslaughter While Intoxicated: PEN 191.5(b) and PEN 191.5(a)
If you cause the death of another person while you were driving under the influence, you may be charged with either vehicular manslaughter or gross vehicular manslaughter. Essentially, these two charges are the same thing, but with a gross vehicular manslaughter charge, it must be proven that you acted with gross negligence when you caused the death. Gross negligence occurs when you act in a reckless way that creates a high risk of death or great bodily injury and most people would have known that the reckless act created the high risk of death or bodily injury.
Like many crimes, vehicular manslaughter can be charged as either a misdemeanor or a felony, depending on the circumstances. A misdemeanor vehicular manslaughter charge carries misdemeanor probation, up to one year in county jail and up to $1,000 in fines. Gross vehicular manslaughter is a felony charge and carries four, six or 10 years in state prison along with felony probation and up to $10,000 in fines.
Have You Been Accused of Death or Bodily Injury During a DUI? A San Jose, CA DUI Defense Lawyer Can Help
When you have been accused of causing death or bodily injury to another person while you were operating a vehicle under the influence, you could be facing serious charges. At the Jachimowicz Law Group, we have extensive experience representing DUI clients accused of DUIs involving death or bodily injury. Our knowledgeable San Jose, CA DUI defense attorneys will seek to avoid a conviction at all costs or to significantly reduce your penalties. Call our office today at our office to schedule a free consultation.
Sources:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=1.&article=
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=11.&title=&part=&chapter=12.&article=2.
