California Penal Code 191.5(b) – Vehicular Manslaughter While Intoxicated

Los Angeles Vehicular Manslaughter While Intoxicated Lawyer

Vehicular manslaughter while intoxicated, as defined under California Penal Code 191.5(b), is a serious DUI-related offense that occurs when a driver under the influence of alcohol or drugs causes a fatal accident due to ordinary negligence. Unlike gross vehicular manslaughter while intoxicated (PC 191.5(a)), this charge does not require proof of reckless or extreme behavior—only that the driver was intoxicated and failed to exercise reasonable care while operating a vehicle.

Even though PC 191.5(b) is considered a lesser offense than PC 191.5(a), prosecutors aggressively pursue convictions, which can lead to significant jail time, steep fines, license suspension, and a permanent criminal record.

If convicted of vehicular manslaughter while intoxicated under PC 191.5(b), potential penalties include:

• Up to 1 year in county jail (misdemeanor) or 16 months, 2 years, or 4 years in state prison (felony)
• Fines of up to $10,000
• Driver’s license suspension or revocation
• Permanent criminal record affecting employment and background checks

At The Law Offices of Arash Hashemi, we know how overwhelming and stressful it is to face DUI-related manslaughter charges. With over 20 years of experience, Los Angeles vehicular manslaughter defense lawyer Arash Hashemi has successfully defended clients against serious DUI and manslaughter cases. We will analyze the prosecution’s evidence, challenge weaknesses in their case, and build a strong defense to fight for the best possible outcome.

If you or a loved one has been charged with vehicular manslaughter while intoxicated under PC 191.5(b) in Los Angeles, contact us today for a free consultation at (310) 448-1529 to discuss your defense options.

Key Differences Between Vehicular Manslaughter While Intoxicated and Gross Vehicular Manslaughter While Intoxicated

The key distinction between vehicular manslaughter while intoxicated (PC 191.5(b)) and gross vehicular manslaughter while intoxicated (PC 191.5(a)) lies in the level of negligence involved.

• PC 191.5(b) – Vehicular Manslaughter While Intoxicated requires ordinary negligence, meaning the driver failed to use reasonable care but did not act with extreme recklessness.
• PC 191.5(a) – Gross Vehicular Manslaughter While Intoxicated requires gross negligence, meaning the driver’s actions showed a reckless disregard for human life, going beyond ordinary carelessness.

Why This Difference Matters

The degree of negligence directly impacts the penalties:

• PC 191.5(b) is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances.
• PC 191.5(a) is always a felony, carrying harsher prison sentences and additional consequences.

Prosecutors will analyze the driver’s behavior before and during the accident to determine whether to file PC 191.5(b) or PC 191.5(a) charges. A strong legal defense can challenge this classification and potentially reduce the charge.

Penalties for Vehicular Manslaughter While Intoxicated in California

Misdemeanor Penalties for PC 191.5(b):

• Up to 1 year in county jail
• A fine of up to $1,000
• Informal probation
• Driver’s license suspension (case-dependent)

Felony Penalties for PC 191.5(b):

• 16 months, 2 years, or 4 years in state prison
• A fine of up to $10,000
• Formal probation (in some cases)
• Driver’s license revocation

Sentence Enhancements and Aggravating Factors

• Prior DUI Convictions: If you have previous DUI offenses, prosecutors may seek harsher sentencing or even upgrade the charge to Watson murder (PC 187).
• Excessive Speed or Reckless Driving: Driving well above the speed limit or engaging in reckless behavior before the crash can lead to additional charges and longer prison time.
• Multiple Victims: If more than one person was killed or injured, the sentence can be significantly increased based on the number of victims.
• Hit-and-Run (VC 20001): If you left the scene after the accident, prosecutors can add felony hit-and-run charges, carrying additional prison time and fines.

Legal Defenses Against Vehicular Manslaughter While Intoxicated Charges

One possible defense against vehicular manslaughter while intoxicated charges is arguing that you were not intoxicated at the time of the accident. Under California Penal Code 191.5(b), the prosecution must prove that you were under the influence of alcohol or drugs while operating a vehicle. However, DUI test results are not always accurate, and factors such as improper administration, medical conditions, or contamination of blood samples can lead to false BAC readings. If your defense attorney can challenge the validity of the breathalyzer or blood test, the case against you may weaken.

Another defense is lack of negligence. To convict you under PC 191.5(b), the prosecution must prove that your actions were negligent and directly caused the fatal accident. If the crash resulted from an unforeseeable mechanical failure, the actions of another driver, or hazardous road conditions, your attorney may argue that your driving was not negligent and that the accident was unavoidable.

Additionally, your defense lawyer may argue intervening cause—meaning that another factor, such as reckless driving by another party, pedestrian error, or a medical emergency, was the actual cause of the fatality. If the prosecution cannot establish that your alleged intoxication and negligence directly led to the death, the charges against you could be reduced or dismissed.

Because vehicular manslaughter while intoxicated is a serious criminal charge that can carry significant prison time, working with an experienced Los Angeles criminal defense attorney is critical. A strong defense strategy can challenge the prosecution’s claims, identify weaknesses in their evidence, and help you fight for the best possible outcome.