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PC 191.5 – Vehicular Manslaughter

Penal Code 191.5 is a critical statute in California law that deals with vehicular manslaughter while intoxicated. This law is particularly relevant in the context of DUI cases where the defendant is accused of causing a fatal accident while under the influence of alcohol or drugs. In this article, we will first provide the exact text of Penal Code 191.5, followed by a detailed overview of how this statute applies to DUI cases in California.

Legal Language of Penal Code 191.5

California Penal Code § 191.5:

  • PC 191.5(a): Gross vehicular manslaughter while intoxicated
    • Vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
    • Vehicular manslaughter while intoxicated under subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.
  • PC 191.5(b): Vehicular manslaughter while intoxicated
    • Vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
    • Vehicular manslaughter while intoxicated under subdivision (b) is punishable by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16 months, or two or four years.

Overview of the Criminal Charge

1. Understanding PC 191.5

Penal Code 191.5 addresses two specific crimes related to vehicular manslaughter while intoxicated:

  • PC 191.5(a) – Gross Vehicular Manslaughter While Intoxicated
  • PC 191.5(b) – Vehicular Manslaughter While Intoxicated

Both of these charges arise when a person causes the death of another while driving under the influence of alcohol or drugs. The key difference between these charges is whether the driver acted with “gross negligence” or “ordinary negligence” at the time of the incident.

2. Gross Vehicular Manslaughter While Intoxicated (PC 191.5(a))

This is the more severe charge under PC 191.5. To be convicted under this subsection, the prosecution must prove that:

  • The defendant was driving a vehicle while under the influence of alcohol or drugs.
  • The defendant committed an unlawful act (not a felony) or a lawful act in an unlawful manner.
  • The defendant acted with gross negligence, meaning that their actions demonstrated a reckless disregard for human life.
  • The unlawful act or negligence caused the death of another person.

Penalties:

  • A conviction under PC 191.5(a) is a felony, punishable by 4, 6, or 10 years in state prison. The severity of the sentence depends on the circumstances of the case, including the defendant’s prior criminal history and the facts surrounding the incident.

3. Vehicular Manslaughter While Intoxicated (PC 191.5(b))

This charge is applicable when the defendant acted with ordinary negligence rather than gross negligence. Ordinary negligence is defined as the failure to exercise the care that a reasonably careful person would exercise in similar circumstances.

To be convicted under PC 191.5(b), the prosecution must prove that:

  • The defendant was driving a vehicle while under the influence of alcohol or drugs.
  • The defendant committed an unlawful act (not a felony) or a lawful act in an unlawful manner.
  • The defendant acted with ordinary negligence.
  • The unlawful act or negligence caused the death of another person.

Penalties:

  • A conviction under PC 191.5(b) can be charged as either a misdemeanor or a felony (a “wobbler” offense). As a misdemeanor, it is punishable by up to one year in county jail. As a felony, it is punishable by 16 months, 2 years, or 4 years in state prison.

4. Defenses to PC 191.5 Charges

There are several defenses that may be raised in response to charges under PC 191.5, including:

  • Challenging the DUI Elements: The defense may argue that the defendant was not under the influence of alcohol or drugs at the time of the accident. This could involve challenging the accuracy of chemical tests, such as breathalyzers or blood tests.
  • Lack of Negligence: The defense could argue that the defendant did not act with gross or ordinary negligence. For example, the accident may have been caused by external factors beyond the defendant’s control, such as a mechanical failure or the actions of another driver.
  • Causation: The defense may challenge whether the defendant’s actions were the proximate cause of the victim’s death. If the prosecution cannot prove causation beyond a reasonable doubt, the defendant may be acquitted.

5. The Impact of a PC 191.5 Conviction

A conviction under PC 191.5 can have life-altering consequences. In addition to the criminal penalties, a defendant may face:

  • Loss of Driving Privileges: The Department of Motor Vehicles (DMV) may suspend or revoke the defendant’s driver’s license for a significant period.
  • Civil Liability: The defendant may also face civil lawsuits from the victim’s family, seeking compensation for wrongful death.
  • Permanent Criminal Record: A felony conviction under PC 191.5(a) or (b) will result in a permanent criminal record, which can affect employment opportunities, housing, and other aspects of life.

Conclusion

Penal Code 191.5 is a critical statute in California DUI law, addressing the serious crime of vehicular manslaughter while intoxicated. Whether charged under PC 191.5(a) for gross negligence or PC 191.5(b) for ordinary negligence, the penalties are severe and can have a profound impact on a defendant’s life. Understanding the nuances of this statute and the potential defenses is essential for anyone facing such charges.