THE KAVINOKY LAW FIRM

All California DUI charges are extremely serious, but drunk driving cases involving death carry the most severe punishment of all. If you’re accused of DUI that resulted in someone’s death, you can be charged with vehicular manslaughter or second-degree murder. A skilled California DUI lawyer from The Kavinoky Law Firm has the experience you need to defend any vehicular manslaughter charge.

Vehicular manslaughter in a California DUI case is what’s known as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony. The main difference between misdemeanors and felonies is the potential punishment. Misdemeanors are punishable by up to one year in jail, while felonies are punishable by at least a year in state prison.

If you’re convicted of felony vehicular manslaughter in connection with California DUI, you’ll be sentenced to 16 months to three years in prison. If you’re convicted of misdemeanor vehicular manslaughter, you’ll be sentenced to up to one year in county jail. Both types of convictions also carry fines, driver’s license suspensions, and other punishment.

You can be charged with vehicular manslaughter in any case where you’re accused of driving under the influence of alcohol or drugs in violation of California Vehicle Code sections 23140, 23152, or 23153 and you were the proximate cause of the death of one or more individuals.

Vehicular manslaughter is the charge that is filed when the driver isn’t alleged to have acted with gross negligence. If you’re alleged to have acted with gross negligence, you can be charged with gross vehicular manslaughter. Both of these charges are brought against defendants without “malice aforethought,” which is loosely defined as a conscious disregard for human life. If you’re alleged to have acted with malice aforethought, you can be charged with second-degree murder in a DUI case.

The skilled California DUI attorneys of The Kavinoky Law Firm are well-versed in the most effective strategies to fight vehicular manslaughter charges. Your attorney can employ several types of pretrial motions to strengthen your defense and improve your prospects at trial.  Your lawyer can also employ the services of a private investigator and/or an accident reconstructionalist to uncover evidence that supports your defense.

Also, The Kavinoky Law Firm includes an evaluation with a top substance abuse expert in its fee for every case involving alcohol or drugs. An evaluation from a respected substance abuse expert may help your defense lawyer negotiate a favorable plea bargain on your behalf.

Vehicular manslaughter is an extremely serious charge in a California DUI case, and it carries substantial punishment regardless of whether it’s charged as a felony or a misdemeanor. However, it’s possible to aggressively fight a vehicular manslaughter charge. The knowledgeable California DUI attorneys of The Kavinoky Law Firm are ready to review your case and fight for your rights. Please contact us today at 1-800-NO-CUFFS for a free consultation.