California Penal Code 191.5(a) – Gross Vehicular Manslaughter While Intoxicated
Los Angeles Gross Vehicular Manslaughter While Intoxicated Lawyer
Gross vehicular manslaughter while intoxicated is one of the most serious DUI-related offenses under California Penal Code 191.5(a). This charge applies when a driver under the influence of alcohol or drugs causes a fatal accident due to gross negligence—meaning reckless or extremely careless behavior beyond ordinary negligence. Unlike murder, this crime does not require intent to kill, but prosecutors aggressively pursue convictions, seeking lengthy prison sentences, substantial fines, and lifetime consequences.
If convicted, penalties for gross vehicular manslaughter while intoxicated can include:
- Up to 10 years in state prison (or more if sentence enhancements apply).
- Hefty fines and restitution to the victim’s family.
- Permanent loss of driving privileges.
- A felony criminal record, impacting employment, housing, and immigration status.
At The Law Offices of Arash Hashemi, we understand the overwhelming stress and uncertainty that comes with these charges. With over 20 years of experience, Los Angeles criminal defense attorney Arash Hashemi has successfully defended clients facing serious felony DUI and manslaughter charges. We will scrutinize the prosecution’s evidence, challenge weaknesses in their case, and build a strong defense strategy to fight for the best possible outcome.
Time is critical—the earlier you act, the stronger your defense can be. If you or a loved one is facing gross vehicular manslaughter while intoxicated charges in Los Angeles, contact us today for a free consultation at (310) 448-1529 and start protecting your future.
What Is Gross Vehicular Manslaughter While Intoxicated?
Gross vehicular manslaughter while intoxicated, as defined under California Penal Code 191.5(a) PC, occurs when a person driving under the influence of alcohol or drugs (DUI) causes a fatal accident due to gross negligence. Unlike simple vehicular manslaughter, this charge does not require intent to kill, but it does involve reckless behavior beyond ordinary negligence.
Key Elements of Gross Vehicular Manslaughter While Intoxicated
Under PC 191.5(a), the prosecution must prove the following elements to secure a conviction:
- Driving Under the Influence – You were operating a vehicle while under the influence of alcohol and/or drugs, violating California DUI laws (Vehicle Code 23152).
- Gross Negligence – Your actions went beyond ordinary carelessness or a simple mistake; they were reckless and showed a disregard for human life.
- Direct Cause of Death – Your grossly negligent actions directly resulted in the death of another person.
Examples of Gross Vehicular Manslaughter While Intoxicated Cases
- Driving with a High BAC and Speeding – A driver with a blood alcohol concentration (BAC) over 0.08% speeds excessively, loses control, and crashes into another vehicle, killing a passenger.
- Drunk Driving and Running a Red Light – A driver under the influence ignores a red light and collides with a pedestrian, causing fatal injuries.
- Drugged Driving and Reckless Behavior – A driver under the influence of prescription medication drives erratically, veers into oncoming traffic, and causes a deadly head-on collision.
Because gross negligence is a key factor, the prosecution must demonstrate that your actions were far beyond ordinary DUI negligence. If convicted, penalties are severe, making it crucial to have an experienced Los Angeles criminal defense lawyer evaluate your case and develop a strong defense.
Penalties for Gross Vehicular Manslaughter While Intoxicated in California
Because this charge is always a felony, a conviction can result in:
- State Prison Sentence – 4, 6, or 10 years in California state prison
- Fines – Up to $10,000
- Formal Probation – In limited cases, a judge may grant probation instead of prison time
- Driver’s License Revocation – The California DMV may revoke your license for at least three years
- Felony Criminal Record – A conviction can affect employment, housing, and professional licensing
Sentence Enhancements and Aggravating Factors
- Prior DUI Convictions – If you have previous DUI convictions, prosecutors may file Watson murder (PC 187)charges instead, which carry 15 years to life in prison
- High Blood Alcohol Concentration (BAC) – A BAC of 0.15% or higher can lead to additional sentencing enhancements
- Reckless or Excessive Speeding – If the crash involved street racing or dangerous speeding, the court may impose harsher penalties under Vehicle Code 23109 VC
- Multiple Victims – If more than one person was killed, the court may impose consecutive prison sentences for each fatality
- Hit-and-Run – Fleeing the scene of the accident can lead to additional felony charges under Vehicle Code 20001 VC, increasing potential prison time
Legal Defenses for Gross Vehicular Manslaughter Charges in California
One possible defense against gross vehicular manslaughter charges is arguing that you did not act with gross negligence. Under PC 191.5(a), the prosecution must prove that your actions went beyond ordinary negligence and demonstrated a reckless disregard for human life. If your conduct was careless but not extreme, your charges could potentially be reduced to a lesser offense, such as vehicular manslaughter while intoxicated under PC 191.5(b) or ordinary vehicular manslaughter under PC 192(c).
Similarly, challenging DUI evidence can be a strong defense in cases involving gross vehicular manslaughter while intoxicated. Breathalyzer and blood test results are not always accurate, and errors in administration, improper handling of samples, or medical conditions such as GERD or diabetes can cause false readings. If the reliability of your blood alcohol concentration (BAC) test is in question, your attorney may argue that the prosecution lacks sufficient evidence to prove intoxication.
Additionally, the defense of causation may apply if another factor—such as dangerous road conditions, mechanical failure, or the actions of another driver—was the actual cause of the accident. The prosecution must prove beyond a reasonable doubt that your actions directly led to the fatality. If independent evidence suggests that the accident was unavoidable or that another party was primarily responsible, this could weaken the case against you.
Every gross vehicular manslaughter case is different, and the right defense strategy depends on the specific facts involved. Our Los Angeles criminal defense attorney can review the prosecution’s evidence, identify weaknesses in their case, and fight to reduce or dismiss the charges against you.
Contact a Los Angeles Defense Attorney to Discuss Your Case
Facing charges for gross vehicular manslaughter while intoxicated can have life-changing consequences, but you don’t have to face them alone. At The Law Offices of Arash Hashemi, our experienced Los Angeles criminal defense attorney has over 20 years of experience successfully defending clients against complex vehicular manslaughter and DUI-related charges.
When you work with us, Attorney Hashemi will personally review the details of your case, identify weaknesses in the prosecution’s evidence, and craft a strategic defense tailored to your unique circumstances. Whether we’re challenging the evidence, negotiating with prosecutors, or fighting for you in court, our goal is to protect your rights, minimize the impact of the charges, and secure the best possible outcome.
Don’t wait—contact us today to schedule your free consultation and take the first step toward building a strong defense and safeguarding your future.
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