San Jose DUI Manslaughter Lawyer

fatal DUI collision can result in some of the most serious criminal charges under California law. If you are facing a DUI manslaughter investigation or charge after a fatal collision in San Jose or Santa Clara County, the case requires immediate attention to both the DUI allegations and the circumstances surrounding the death.

Knight Justice represents clients facing serious criminal charges, including DUI-related offenses involving fatal collisions.

Call Nana Knight at (408) 877-6177 for a case evaluation.What Is DUI Manslaughter in California?

California law recognizes several forms of vehicular manslaughter involving intoxicated driving.

Penal Code §191.5(a) addresses gross vehicular manslaughter while intoxicated. The statute requires an unlawful killing without malice aforethought in the driving of a vehicle, with the driving violating specified DUI laws and the death resulting under the circumstances described in the statute, including gross negligence.

Penal Code §191.5(b) addresses vehicular manslaughter while intoxicated under circumstances involving the required DUI conduct and negligence, but without the gross-negligence element described in subdivision (a).

The precise charge depends on the facts and the theory of prosecution.

Gross Vehicular Manslaughter While Intoxicated

Gross vehicular manslaughter while intoxicated is a serious felony offense.

Under Penal Code §191.5(a), the prosecution must establish the statutory elements, including the required intoxicated driving, an unlawful killing, and the applicable gross-negligence and causation requirements.

The current statute provides a state-prison term of 4, 6, or 10 years for a conviction under subdivision (a), subject to additional provisions concerning qualifying prior convictions.

Where the qualifying prior-conviction provision in §191.5(d) applies, the statute provides a 15-years-to-life prison term.

Vehicular Manslaughter While Intoxicated

Penal Code §191.5(b) covers vehicular manslaughter while intoxicated without the gross-negligence element required under subdivision (a).

The California jury instructions identify the elements that can include intoxicated driving, an additional unlawful or otherwise qualifying act, ordinary negligence, and causation of another person’s death.

The potential punishment is different from gross vehicular manslaughter and depends on the specific charge and circumstances.

What Does the Prosecution Have to Prove?

A DUI manslaughter case can involve multiple separate issues.

Depending on the charge, the prosecution may need to establish:

• The defendant was driving
• The defendant was under the influence or otherwise violated the applicable DUI law
• The defendant committed the required act or omission
• The required negligence standard was satisfied
• The defendant’s conduct caused the death
• Other statutory elements applicable to the charged offense

Causation can therefore be an important issue in a fatal collision.

Defending a DUI Manslaughter Case

A DUI manslaughter defense requires more than examining the reported BAC.

The defense may investigate:

Chemical Testing

Breath and blood evidence should be evaluated in light of the testing method, collection procedures, laboratory analysis, timing, and other relevant evidence.

Accident Reconstruction

Accident reconstruction may help determine how the collision occurred and whether the prosecution’s theory of causation is supported by the evidence.

Causation

A fatal collision does not eliminate the requirement that the prosecution prove the elements of the charged offense, including the applicable causation requirements.

Witness Evidence

Statements from passengers, other drivers, pedestrians, first responders, and other witnesses may provide important information about what happened.

Video Evidence

Dash-camera, surveillance, body-camera, and other recordings can help establish speed, roadway conditions, traffic conditions, vehicle movement, and events before the collision.

Toxicology

Blood or other chemical evidence may require examination of collection, preservation, laboratory analysis, and interpretation.

Can DUI Manslaughter Charges Be Reduced?

The possible resolution depends on the specific charge, evidence, prior record, prosecution theory, and circumstances of the collision.

Potential case resolutions can vary significantly. A lawyer should evaluate the actual charging documents and evidence before making predictions about the outcome.

DUI Manslaughter in San Jose

A fatal DUI collision in San Jose may involve multiple agencies and sources of evidence, depending on where and how the collision occurred.

The defense may need to obtain:

• Police reports
• Collision reports
• Toxicology records
• Medical records
• Photographs
• Video
• 911 recordings
• Witness statements
• Vehicle evidence
• Accident reconstruction evidence

The criminal case may also have consequences for the defendant’s driving privileges and other aspects of their life.

What Should You Do After a Fatal DUI Collision?

If you are being investigated for a DUI-related fatal collision:

1. Do not assume the allegations establish criminal liability.
2. Preserve documents and evidence relating to the collision.
3. Avoid discussing the facts publicly.
4. Follow court requirements carefully.
5. Speak with a criminal defense attorney as soon as possible.

A DUI manslaughter investigation is significantly more serious than a routine DUI case and should be handled accordingly.

DUI Manslaughter FAQs

Is DUI manslaughter a felony in California?

The California offenses commonly described as DUI manslaughter under Penal Code §191.5 include serious criminal offenses, with gross vehicular manslaughter while intoxicated under §191.5(a) carrying state-prison punishment. The exact charge and classification should be determined from the charging statute.

What is the difference between vehicular manslaughter and gross vehicular manslaughter?

One major distinction is the negligence standard. Penal Code §191.5(a) requires gross negligence for gross vehicular manslaughter while intoxicated, while §191.5(b) addresses vehicular manslaughter while intoxicated without that gross-negligence requirement.

Can DUI manslaughter charges be dismissed?

The possibility depends on the facts, evidence, legal issues, and applicable law. There is no automatic dismissal rule.

What happens if there was a prior DUI conviction?

Prior qualifying convictions can affect the punishment provisions applicable to certain DUI manslaughter convictions. Penal Code §191.5(d) contains specific provisions concerning qualifying prior convictions.

Contact a DUI Manslaughter Defense Lawyer

If you are under investigation or charged after a fatal DUI collision, the case requires immediate legal attention.

Call Nana Knight at (408) 877-6177 to discuss your case with Knight Justice.

For related representation, see our San Jose DUI Lawyer page.