What Happens When Someone Dies in a San Diego DUI Accident?

Posted on: August 21st, 2024 by Dod Law

If someone dies in a San Diego DUI accident, there’s a good chance that an intoxicated driver will face vehicular manslaughter charges. Vehicular manslaughter charges aren’t as severe as murder charges, but they still come with the risk of a considerable amount of prison time. Defendants also have to factor in the impact alleged intoxication may have on their charges.

Fortunately, anyone contending with the aftermath of a fatal DUI accident has the right to seek out legal counsel. If you want to challenge the vehicular manslaughter charges the state of California brings against you, you can do so with help from an experienced criminal defense lawyer from Dod Law.

Understanding Vehicular Manslaughter Charges

Vehicular manslaughter describes a collision that resulted in the fatal passing of a victim. Prosecutors argue that these accidents often stem from avoidable negligence or reckless driving. 

If you have a blood alcohol content of over 0.08% at the time of an accident, a prosecutor can argue that your intoxication automatically made you negligent on the road.

The prosecution may go on to argue that you intentionally used a motor vehicle to kill someone in your intoxicated state. If the prosecution has evidence to prove its point, you may face elevated accusations of murder or voluntary manslaughter on the grounds of premeditation. 

Breaking Down the Consequences of DUI Vehicular Manslaughter

The consequences of a straightforward vehicular manslaughter charge may see you face either a misdemeanor or felony charge, depending on your degree of negligence at the time of a collision. 

Misdemeanor vehicular manslaughter charges come with a maximum of six years in prison. The state caps misdemeanor fines at $1,000. Comparatively, felony fines cap at $10,000, although the risk of prison time remains the same.

The charges brought against you may grow more severe if a court tries to simultaneously accuse you of voluntary manslaughter, involuntary manslaughter, or gross recklessness.

Can You Face Murder Charges if Someone Dies in a San Diego DUI Accident?

You can face accusations of murder if someone dies in a San Diego DUI accident, but only if the prosecution can prove that your intoxication and accident were premeditated. It is intent that distinguishes an accident – and a vehicular manslaughter charge – from a murder charge.

You may also face accusations of voluntary manslaughter if police argue you were goaded into violence without premeditation. These accusations can see you have to deal with the consequences of a first or second-degree felony even before the court takes your alleged DUI into account.

How to Challenge DUI Vehicular Manslaughter Charges in California

You have the right to challenge accusations of vehicular manslaughter, voluntary manslaughter, and murder after a DUI accident. A San Diego criminal defense attorney can help you build your case by looking into:

• Whether or not you were actually intoxicated at the time of your accident
• What your intentions were while you were behind the wheel of a car
• How the alleged victim may have contributed to your accident

We can also work with investigative professionals to assess the results of your breath or blood tests. Expert witnesses can further draw your levels of intoxication into question by accounting for officer bias or a misinterpretation of your behavior on the road.

If the need arises, you can count on a representative from Dod Law to negotiate a plea deal on your behalf. However, before we argue for your right to a plea deal, we will take every possible step to relieve you of guilt for someone’s tragic and untimely passing.

Let an Experienced Criminal Defense Lawyer Represent Your Best Interests

Fatal DUI accidents can permanently impact the lives of everyone involved, including you. However, you don’t have to resign yourself to criminal charges, especially if you believe that police officers misrepresented your behavior at the time of a crash. 

You can work with Dod Law to challenge the vehicular manslaughter charges the state of California attempts to bring against you. Are you ready to learn more about Dod Law’s services? Call us at our San Diego office (619) 814-5110 | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.