California Vehicular Homicide

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  1.  » DUI with Injury
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A California drunk driving arrest which involves the death of a passenger, someone in another vehicle, or a bystander will result in extremely serious DUI charges being brought by the county prosecutor. California drivers who are involved in an accident which results in the death of another person after having consumed an alcoholic beverage will face a DUI charge of second-degree murder, manslaughter, or vehicular homicide.

A vehicular homicide charge alleged in a drunk driving case means that the prosecutor believes that he or she can prove the death stemmed from ordinary negligence. Vehicular homicide is a “wobbler” – a charge that can be brought as either a felony or a misdemeanor DUI. However, vehicular homicide stemming from a California DUI arrest is most often charged as the more serious felony DUI offense. A vehicular homicide conviction carries the potential for punishment in the California state prison. This will occur if the DUI related vehicular homicide case is charged as a felony. A skilled California DUI defense lawyer may be able to negotiate a plea bargain which allows a driver charged with a felony DUI to plead instead to a misdemeanor.

The first step in aggressively defending a vehicular homicide DUI charge is to have an independent investigator examine the case. Police and prosecutors will study every aspect of the accident to gather evidence that will point to the defendant’s guilt. An experienced California driving under the influence defense attorney will employ DUI experts to conduct forensic research and reconstruct the accident to uncover evidence pointing to the defendant’s innocence.

The DUI experts also will thoroughly examine factors underlying the driving under the influence charge, such as the driver’s blood alcohol content (BAC). Chemical DUI tests are typically conducted hours after an accident, and the motorist’s BAC may have been inflated if his or her body continued to absorb alcohol after the collision. A DUI defense investigation may show that the driver’s BAC was not above the legal limit at the time of driving.

Courts punishing those charged with driving under the influence sentence harshly in vehicular homicide cases. The driver can be sentenced to prison, as well as face large fines and other consequences. This is particularly true if the person arrested for driving under the influence has prior DUI convictions. It is important to know that the potential prison sentence for a vehicular homicide case related to driving under the influence is 15 years to life. Because a vehicular homicide conviction carries such serious consequences, it’s critical to have an expert attorney on the defendant’s side from the start of the DUI prosecution. A California DUI lawyer experienced in drunk driving defense will craft an aggressive defense designed to mimize the negative consequences.