Van Nuys Vehicular Manslaughter Attorney Types of DUI Homicide Charges
Vehicular Manslaughter While Intoxicated: If someone suffered fatal injuries in an accident and you were found to be driving under the influence, you may be charged with vehicular manslaughter. In order for this charge to be successful, it must additionally be proven that you committed another act of negligence that caused the death. Like DUI with injury, this is a "wobbler" offense, meaning it may be charged as a misdemeanor or a felony. As a misdemeanor, penalties include 5 days to 1 year in jail, up to $1,000 in fines, license suspension and probation. As a felony, penalties include 16 months to 4 years in prison, up to $10,000 in fines, license suspension and a strike on your record. A Van Nuys DUI attorney at our firm can help you fight these and any other DUI charges.
Gross Vehicular Manslaughter While Intoxicated: To be charged with gross vehicular manslaughter while intoxicated, it must be proven that you were driving under the influence, that you committed another offense (either an infraction, a misdemeanor, or a lawful act that could reasonably result in death) with gross negligence and that the offense caused the death. Penalties include up to 10 years in prison for a first offense and 15 years to life in prison if you have a prior offense, up to $10,000 in fines, license suspension and a strike on your record.
2nd Degree/"Watson" Murder: A "Watson Murder" is one in which you drove under the influence and caused an accident in which someone was killed. It differs from vehicular manslaughter and gross vehicular manslaughter in that there is an implied malice.In order to be charged with a "Watson Murder," you must have at least one prior DUI offense on your record. The implied malice is derived from knowledge about the dangers of drunk driving after completing a court-approved DUI school or from a warning that DUI homicide may be charged as murder. Penalties include 15 years to life in prison, up to $10,000 in fines, license suspension and a strike on your record.
Contact a Van Nuys Vehicular Manslaughter Lawyer at the Law Offices of Loren M. Merlin if you have been charged with DUI homicide.