DUI Causing Death Defense in Vista: 191.5 (PC)

Facing charges for DUI causing death in Vista? The stakes couldn’t be higher. You could easily be sentenced to four or six years in prison, depending on the circumstances. You could even face life imprisonment if you have a prior DUI on your record. If you’ve been accused of vehicular manslaughter while intoxicated under California Penal Code 191.5, contact DUI attorney Peter M. Liss immediately. He can help you fight for your freedom without draining your wallet.

What is Vehicular Manslaughter While Intoxicated?

When someone dies in a car crash, the driver will almost always be asked to perform a BAC test. If someone is accused of causing someone’s death because they were driving under the influence, they will face one of two vehicular manslaughter charges (sometimes called “DUI homicide” or “DUI manslaughter”) under California Penal Code 191.5 (PC). Prosecutors base their charging decisions on whether the driver exhibited ordinary or gross negligence. Under the law, gross negligence is defined as conduct that shows a blatant disregard for the safety of others.

When someone does not demonstrate gross negligence, they will be charged with simple vehicular manslaughter while intoxicated, as outlined in Penal Code Section 191.5 (b) (PC). More serious offenses are filed as gross vehicular manslaughter charges under 191.5(a) (PC).

Vehicular Manslaughter While Intoxicated: 191.5(b) (PC)

This offense is the lesser charge used in deadly DUI cases in Vista. For someone to be guilty of this offense, the prosecution must be able to show:

1. the defendant was intoxicated;
2. they violated a traffic law or drove in a negligent manner; and
3. their negligent or law-breaking behavior directly caused the car accident; and
4. someone died as a result

Gross Vehicular Manslaughter: 191.5(a) (PC)

The difference between a gross vehicular manslaughter and vehicular manslaughter while intoxicated charge is that the prosecution must also prove that the defendant was driving in a grossly negligent manner that carried a substantial risk of significant bodily injury or death.

1. the accused was driving under the influence of alcohol or drugs;
2. they violated a traffic law and acted in a grossly negligent manner; and
3. their gross negligence caused a car crash; and
4. another person died as a result

Potential Penalties for Vehicular Homicide While Intoxicated

The sentence for this offense will vary based on whether you are facing simple or gross vehicular homicide while intoxicated charges. “Simple DUI homicide charges are a wobbler, meaning San Diego prosecutors may charge the crime as a misdemeanor or felony,” explains Liss. “Gross vehicular manslaughter is always a felony.”

Sentencing for Simple Vehicular Manslaughter While Intoxicated (191.5(b) (PC)):

• Misdemeanor: Up to one year in jail
• Felony: Up to four years in prison.

Penalties for Gross Vehicular Manslaughter (191.5(a) (PC)):

• Up to ten years per victim who died
• Up to three years per victim who suffered great bodily injury

For example: if a drunk driver causes a 10-car pile-up that leaves five people dead and four seriously injured, they could face a maximum sentence of up to 62 years in prison.

This crime is also considered a serious felony and will count as a strike under California’s Three Strikes Law. “If you have a prior strike on your record, this means your sentence will be doubled,” says Liss, “and if you have two strikes, you can face life imprisonment.”

The Watson Rule and Life Imprisonment

When someone is convicted of any type of DUI, they are given a “Watson admonition,” informing them that drunk driving is dangerous and if they drive drunk again and someone dies as a result, they can face second-degree murder charges, punishable by life imprisonment. “Prosecutors in San Diego County seek life sentences in the majority of these cases,” says Liss.

While all vehicular manslaughter while intoxicated cases require a skilled attorney, those facing second-degree murder charges need someone experienced with this life-altering charge. Attorney Peter M. Liss has successfully defended against these charges multiple times and can help you as well.

Defenses to DUI Homicide Charges in Vista

Only trust a highly rated lawyer with experience representing clients in these cases to fight your vehicular manslaughter while intoxicated charges. These allegations are very complex, and most people who beat the charges will still be convicted of a lesser offense. Even so, if the prosecution lacks sufficient proof to meet the standard for each of the four required factors mentioned for the offenses above, you will face drastically reduced penalties. Here are some of the top defenses to these offenses:

Challenging the DUI Charge

If the prosecution can’t prove you were driving under the influence of either drugs or alcohol, you cannot be convicted of a DUI charge. This defense can involve questioning officer testimony as well as blood or breathalyzer tests.

Even if you successfully fight the accusations that you were intoxicated, you can still face standard vehicular manslaughter charges under 192 (PC). Fortunately, the sentence for this crime is not as severe as those filed under 191.5 (PC), with a maximum penalty of one year in jail for most cases and up to 6 years in prison for those involving gross negligence.

Fighting Negligence or Broken Driving Laws Claims

If you did not violate a traffic law or drive negligently, you are not guilty of vehicular manslaughter. However, even if you show you are innocent of this offense, you can still be convicted of driving under the influence.

Arguing Fault for the Accident

Just being involved in a deadly accident while driving under the influence of alcohol or drugs does not automatically mean someone is guilty of vehicular manslaughter. If you are intoxicated when an officer arrives on the scene of an accident, remain silent. Only provide information regarding your identity, and be willing to offer proof of insurance and car registration.

If you did not cause the accident, your attorney may be able to show this by hiring an accident reconstruction expert, contracting a private investigator, bringing in witnesses, or introducing video evidence such as dash cam footage.

Even if you were not responsible for the accident, you can still face DUI charges.

The Death Was Not A Result of the Driver’s Actions

While rare, it is occasionally possible to argue the victim’s death was not directly caused by the car crash.

For example: suppose someone was bringing a friend who overdosed on drugs to the hospital when the vehicle was struck at a low speed by an intoxicated driver of another vehicle. In that case, an attorney may be able to argue that the driver’s actions did not cause the victim’s death because the individual who died was already dying when the accident took place.

The Statute of Limitations Expired

Prosecutors sometimes hold off on filing charges in DUI with injury cases if they aren’t sure if the victim will survive. However, if they wait more than three years to file misdemeanor charges or six years to file felony-level charges, your attorney can challenge the allegations based on the fact that the statute of limitations has expired.

Plea Deals

In some cases, the best course of action may not be to fight the charges altogether but to have your attorney negotiate a plea bargain to help you minimize the charges and sentence you may face.

Gross Vehicular Manslaughter Defense in Vista

Those facing the more serious charge of 191.5(a) (PC) can often benefit by showing they did not drive in a grossly negligent manner. The prosecution cannot secure a conviction for gross vehicular manslaughter if they cannot prove the driver recklessly operated a vehicle, showing a complete disregard for the safety and lives of others.

Speak With a Lawyer

The best defense varies from one case to another. If you have been accused of vehicular manslaughter while intoxicated, do not say anything to the police or victim without an attorney present. “Apologizing could be seen as an admission of fault in the accident,” warns Liss. “Admitting you’re intoxicated could prevent you from fighting the DUI charges.”

Do not attempt to defend yourself without the help of a lawyer.

DUI Homicide Case Results by Attorney Peter Liss

These cases are often high-profile affairs, which is why Peter Liss has repeatedly ended up in the news after defending clients accused of these charges. Here are the results for some of the cases he has handled:

• In 2021, while working alongside friend and fellow attorney Joni Eisenstein, he represented a man in a jury trial who was facing 2nd-degree murder since he had a prior DUI conviction when he caused a deadly crash. The individual was arrested after driving the wrong way on the 78 in Vista with a BAC of 0.24. Liss and Eisenstein successfully had the murder charge dismissed after a mistrial due to a hung jury. Their client was sentenced to 16 years in prison for gross vehicular manslaughter.
• Also in 2021, Liss represented a heartbroken father who was charged with vehicular homicide after his son died in an accident he caused on the 76. The individual was driving with a BAC of 0.20 and tested positive for marijuana use. While prosecutors sought the maximum 10-year sentence, Liss convinced the judge to sentence him to one year in jail and 5 years of probation.

Charged With DUI Causing Death in Vista? Call Peter Liss Now.

Facing DUI manslaughter charges in Vista or North County? Don’t wait. Call attorney Peter M. Liss today for a free consultation and start building your defense before it’s too late. Mr. Liss has 40 years of experience and accepts all major credit cards. Schedule a free initial consultation by calling (760) 643-4050.