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

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Strong Legal Representation for Vehicular Manslaughter Charges in California

Penal Code 191.5(b) PC is the lesser of the two vehicular manslaughter while intoxicated charges in California. It applies when someone dies in a collision and the driver was under the influence but the driving conduct did not rise to the level of gross negligence required for the more serious 191.5(a) charge. It is a wobbler meaning it can be filed as a misdemeanor or a felony and how it is filed has major consequences for your sentence and your record. If you have been charged in Los Angeles contact our office immediately. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against vehicular manslaughter and DUI-related charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

Vehicular Manslaughter While Intoxicated in California

Penal Code 191.5(b) applies to the killing of another person while driving under the influence of alcohol or drugs through ordinary negligence rather than gross negligence. Three elements must be present: the driver was legally intoxicated under Vehicle Code 23152, someone died as a result of the collision, and the driving involved an unlawful act or ordinary negligence. The critical distinction from 191.5(a) is the absence of gross negligence. Ordinary negligence is conduct that falls below what a reasonably careful person would do under the same circumstances. It is a lower standard and it is why 191.5(b) carries a significantly lower maximum sentence.

Because the gross negligence standard is where the line between 191.5(a) and 191.5(b) is drawn that distinction becomes the central battleground in many DUI manslaughter cases. When our firm can establish that the driving conduct was negligent but did not rise to the gross negligence level we push the prosecution toward the 191.5(b) charge and away from the more serious 191.5(a) exposure.

PC 191.5(a) vs PC 191.5(b) — The Difference That Determines Your Sentence

PC 191.5(a) — Gross Vehicular Manslaughter While Intoxicated: Requires gross negligence. Always a felony. Carries 4, 6, or 10 years in state prison. Applies when the driving conduct was particularly dangerous such as extreme speeding, running red lights at high speeds, or driving on the wrong side of the road.

PC 191.5(b) — Vehicular Manslaughter While Intoxicated Without Gross Negligence: Requires only ordinary negligence. A wobbler. As a misdemeanor carries up to one year in county jail. As a felony carries 16 months, 2 years, or 3 years in state prison. Applies when the driver was intoxicated and caused a death through conduct that was careless but did not create the extreme level of risk associated with gross negligence.

The sentencing gap between the two subsections is significant. A 191.5(a) felony carries up to 10 years in state prison. A 191.5(b) felony carries up to 3 years. A 191.5(b) misdemeanor carries up to one year in county jail. Establishing that the conduct meets only the ordinary negligence standard rather than gross negligence can mean the difference between a county jail sentence and years in state prison.

Vehicular Manslaughter While Intoxicated Penalties

Because 191.5(b) is a wobbler the consequences depend on how the District Attorney files the chargeWhen the defendant has a prior DUI conviction prosecutors may attempt to escalate the case beyond 191.5(b) to the more serious 191.5(a) charge or in some cases to second-degree murder under the Watson doctrine. Understanding that exposure from the outset of representation is essential to building the right defense strategy.

Misdemeanor conviction:

  • Up to one year in county jail
  • Fines up to $1,000
  • Misdemeanor probation
  • Mandatory restitution to the victim’s family

Felony conviction:

  • 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000
  • Mandatory restitution to the victim’s family
  • Permanent felony record affecting employment, housing, professional licensing, and immigration status
  • Loss of firearm rights
  • Permanent revocation of driving privileges in many cases

How Our Firm Defends PC 191.5(b) Cases in Los Angeles

Securing Misdemeanor Treatment

Because 191.5(b) is a wobbler our firm engages with prosecutors early in the case to argue for misdemeanor treatment before any formal filing decision is made. The filing decision is influenced by the defendant’s criminal history, the circumstances of the collision, and the degree of intoxication. When our firm presents the full context of the defendant’s background and mitigating circumstances before arraignment we can directly affect whether the charge is filed as a misdemeanor or a felony.

Keeping the Charge at 191.5(b)

In cases where the prosecution files or seeks to elevate the charge to 191.5(a) our firm presents independent accident reconstruction evidence establishing that the driving conduct did not meet the gross negligence standard. This is one of the most consequential arguments in DUI manslaughter defense because it can reduce the maximum sentence by seven or more years and eliminate the most serious charge on the indictment.

Challenging the Intoxication Evidence

Without reliable proof of intoxication the 191.5(b) charge cannot be supported. Our firm examines the basis for the traffic stop or initial contact, the administration of field sobriety tests, the calibration and maintenance records for breath testing devices, and the chain of custody for blood samples. When the intoxication evidence was gathered through improper procedures or is scientifically unreliable our firm challenges it directly and pursues suppression where applicable.

Causation and Independent Investigation

The prosecution must prove the defendant’s conduct caused the victim’s death. When road conditions, another driver’s actions, a mechanical defect, or the victim’s own conduct contributed to the collision our firm presents independent forensic evidence challenging whether the death can be attributed solely to the defendant. Physical evidence at the scene deteriorates quickly and retaining counsel early enough to preserve and analyze it is one of the most important steps a defendant can take.

Contact a Los Angeles Vehicular Manslaughter Attorney

If you have been charged with vehicular manslaughter while intoxicated in Los Angeles contact our office immediately. Whether the charge is a misdemeanor or a felony, whether it stays at 191.5(b) or is elevated to 191.5(a), and whether a Watson murder theory applies are all questions that need to be analyzed from the first day. With over 20 years of experience defending clients against vehicular manslaughter and DUI-related charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and begin building your defense from day one. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing vehicular manslaughter and DUI-related charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.