DUI Manslaughter in Orange County

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DUI manslaughter occurs when someone, while driving under the influence of alcohol or drugs, causes the death of another person. To be convicted of DUI Manslaughter, it must be proven beyond a reasonable doubt that you were intoxicated and caused a fatal accident. 

DUI manslaughter can be charged as either a misdemeanor or felony, depending on the specifics of your case. However, gross vehicular manslaughter while intoxicated is always charged as a felony. You will be charged with gross vehicular manslaughter if your actions are found unreasonable, reckless, and dangerous, whereas DUI manslaughter with ordinary negligence involves negligent but not wholly irrational behavior. 

Misdemeanor DUI manslaughter carries a maximum sentence of one year in county jail, fines of up to $1,000, probation, and paying restitution to the victim’s family. Your license will also be suspended for a year.

 A felony can carry much more severe consequences, including: 

• A sentence of up to 10 years in a California state prison
• An additional year in prison per injured survivor
• An additional 3-6 years in prison if a survivor sustained a great bodily injury
• Fines of up to $10,000
• Paying restitution to the victim’s family
• Probation
• Suspension or revocation of your driver’s license for at least 3 years 

A conviction of gross vehicular manslaughter while intoxicated is also considered a strike under California’s three strikes law. Further, if you are charged with felony DUI manslaughter and have a prior conviction, you could receive a prison sentence of 15 years to life. 

What Is the Difference Between DUI Manslaughter & DUI Murder?

DUI manslaughter is the result of negligence, either ordinary or gross. An example of ordinary negligence could be running a stop sign or red light. Gross negligence involves far more reckless and dangerous behavior and demonstrates a disregard for human life. An example of gross negligence could be driving your car on a sidewalk or against traffic. 

DUI murder is more complicated. Typically, murder charges must prove intentionality; however, the 1981 California Supreme Court case People v. Watson ruled that intentionality does not need to be established for a fatal collision to be deemed a DUI murder. Instead, courts often look at a driver’s history. 

DUI murder charges are most often pressed against individuals with prior DUI convictions. When a person is convicted of DUI, they are informed that driving under the influence can lead to the death of others. This is called a “Watson admonition.” If a driver commits another DUI after signing a Watson admonition and it leads to a fatality, they are considered to have ignored a formal warning about drinking and driving, which is interpreted as a deliberate choice to drive with full knowledge of the risk of killing another person. At this point, DUI prosecutors will likely charge you with DUI murder, which is considered a charge of murder in the second degree. 

What Is the Minimum Sentence for DUI Manslaughter in California?

For misdemeanor DUI manslaughter, there is no minimum sentence and a maximum sentence of one year in jail. 

DUI manslaughter with gross negligence is far more severe and carries a sentence of either four, six, or ten years in a California state prison, plus additional prison time for any surviving injured parties. Your license will also be suspended or revoked for a minimum of three years. 

Seek Legal Assistance for DUI Manslaughter Charges in Orange County

At Braden & Tucci, we have successfully defended many clients in Orange County courts and have seen great success in minimizing sentences and achieving favorable outcomes. 

We provide personalized legal advice and representation tailored to your unique situation. Our attorneys use a combination of negotiation tactics, such as plea bargaining and motion filing, combined with solid courtroom strategies, to challenge evidence and present powerful arguments for reduced sentences or complete dismissal of charges.