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Gross Vehicular Manslaughter While Intoxicated

Gross Vehicular Manslaughter Defense Attorneys

Penal Code section 191.5 (a) codifies the crime of gross vehicular manslaughter while intoxicated. This is a serious felony offense that carries a maximum punishment of 10 years in state prison. 

To prove that a person committed gross vehicular manslaughter while intoxicated in violation of Penal Code section 191.5 (b), a prosecutor must prove the following:

  1. A person drove while under the influence of alcohol, drugs, the combined influence of alcohol and drugs, or with a blood alcohol concentration of .08% or higher; 
  2. While driving under the influence of one of the above, the person committed a misdemeanor or infraction in addition to driving under the influence, or committed an otherwise lawful act that might cause death;
  3. The defendant committed the additional misdemeanor or infraction or otherwise lawful act with gross negligence; and
  4. The person's grossly negligent act caused the death of another person.

This offense is different from vehicular manslaughter while intoxicated in that it requires the prosecutor to prove gross negligence. Gross negligence differs from ordinary negligence in that it requires the prosecutor to prove the lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or others. 

Defenses to Gross Vehicular Manslaughter While Intoxicated

For over 30 years our firm has defended hundreds of serious DUI cases. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country. 

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We have obtained favorable outcomes by focusing our defenses in the following areas:

  • The person was not under the influence of alcohol, drugs, or the combined influence of both. Please see our section on DUI defenses for an exhaustive list of potential defenses. 
  • The person was not at fault for the accident. If the person did not cause the accident by some negligent act, they are not guilty of this offense. Our firm uses the best accident reconstructionists to determine the cause and at fault party of any accident. 

Potential Punishments for Gross Vehicular Manslaughter

Gross vehicular manslaughter while intoxicated is a serious felony offense that carries a maximum punishment of 10 years in the state prison.

Let Us Defend You Against The Charges

Bartell, Hensel & Gressley has defended thousands of DUI cases, and our lawyers train other attorneys across the nation on DUI defense. Our firm wrote the leading treatise on DUI defense, which is used by lawyers across the country. Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case. 

Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County. 

We understand that being accused of a crime is one of the most challenging times of your life. Rely on us to advocate for your rights and to give you the defense you deserve.

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