Vehicular Manslaughter While Intoxicated | Penal Code § 191.5(b)

Description

Vehicular Manslaughter While Intoxicated occurs when a person commits both Driving Under the Influence (DUI) and a grossly negligent act, and as a result another person is killed. The law states that Vehicular Manslaughter While Intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death. Examples of Vehicular Manslaughter White Intoxicated are consuming methamphetamine (DUI of Drugs) driving recklessly and killing another person or driving with a BAC of 0.08% and hitting a pedestrian who sustains injuries which cause their death.

What does the prosecutor have to prove?

1. The driver of a vehicle violated Vehicle Code section 23140, 23152, or 23153.
2. The killing was either the proximate result of the commission of an unlawful act, not amounting to a felony and with gross negligence. or
2. The killing was the proximate result of the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
3. That unlawful or negligent act was the cause of death of a human being.

Punishment

Felony: 4years/6years/10years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	May
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No