What Is The Charge For Driving Drunk And Killing Someone?

What is the Charge for Driving Drunk and Killing Someone? 

When a driver drives drunk and kills someone, the legal charge will most likely be Involuntary Manslaughter or Criminal vehicular homicide. The charge is not common but is a serious crime. This type of crime is incredibly difficult to prove, and the District Attorney’s office only pursues it rarely. It is typically reserved for defendants who have a previous DUI conviction. Having a prior DUI conviction demonstrates that the defendant has been aware of the dangers of driving drunk. The prosecution must prove that there are three elements. 

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Involuntary manslaughter 

If you’ve been accused of driving drunk and killing someone, you may have several options to help protect your rights. Involuntary manslaughter is a serious crime that can result in jail time and large fines. An experienced Virginia DUI attorney can help you fight your case and protect your rights. Each case is unique and no two cases are exactly alike. Even if you’ve been convicted of driving drunk and killing someone, a DUI defense attorney can help you protect your rights. 

The legal definition of voluntary manslaughter is a criminal act of killing a person without malice. It can be the result of gross negligence, recklessness, or a total disregard for another person’s safety. Involuntary manslaughter is also called vehicular homicide. Involuntary manslaughters often kill another person while driving drunk and distracted. 

Criminal vehicular homicide 

In California, you can be charged with criminal vehicular homicide if you drive drunk and kill someone. This charge is serious because the prosecutor needs to prove that you were careless in your driving. The prosecution will likely need to prove that you were drunk or had a high blood alcohol content to prove the charge. However, there are defenses to this charge. For example, if you had a medical condition that caused you to drive drunk, then the prosecution may be less likely to charge you with vehicular homicide. 

If you are convicted of vehicular homicide, you could face a range of punishments. These penalties include fines, restitution for medical expenses, and a suspension of your driver’s license. You can also face probation or parole for violating the law. 


Driving drunk and killing someone can result in a charge of vehicular manslaughter. The penalty for this crime can be steep, with the average penalty being about 10 years in prison. The maximum sentence, however, can be as high as 60 years, depending on the circumstances. 

If you are accused of vehicular manslaughter, you will have to prove that you were driving negligently. The state will use a standard of gross negligence that requires more than just ordinary negligence to convict you. 

Wobbler offense 

You may be charged with a wobbler offense if you have been driving drunk and killed someone. This offense is often a misdemeanor, but it can also be a felony if you caused the accident. The prosecutor will decide if the case is a misdemeanor or a felony, and your sentence will depend on your criminal record and other factors. A misdemeanor offense carries a maximum penalty of one year in county jail and a $1,000 fine. However, a felony charge can result in a maximum sentence of four years in state prison and a fine of up to $10,000. 

In California, vehicular manslaughter is a misdemeanor, but it can also be a felony, depending on whether the driver was intoxicated when the death occurred. The punishment for this type of crime is a year in jail, or two, three, or four years in prison, depending on the severity of the case. You should consider seeking legal representation if you were involved in a traffic fatality. 

What Is The Charge For Driving Drunk And Killing Someone? | Montag Law Office