Vehicular Manslaughter While Intoxicated – Penal Code 191.5(b)

Vehicular manslaughter while intoxicated is a serious criminal offense under California Penal Code Section 191.5(b). This charge applies when a person causes the death of another while driving under the influence of alcohol or drugs and acting with ordinary negligence.

In practical terms, if a DUI-related accident results in a fatality, prosecutors will often file charges under Penal Code 191.5. California law distinguishes between two forms of DUI vehicular manslaughter:

  • Penal Code 191.5(b) – Ordinary negligence

  • Penal Code 191.5(a) – Gross negligence (more serious)

This page focuses exclusively on PC 191.5(b), which Los Angeles prosecutors commonly refer to as vehicular manslaughter while intoxicated with ordinary negligence.

If you or a loved one is under investigation for a DUI-related fatal accident, immediate legal representation is critical.

What Is Vehicular Manslaughter While Intoxicated Under Penal Code 191.5(b)?

California Penal Code 191.5(b) defines vehicular manslaughter while intoxicated as:

The unlawful killing of a human being without malice aforethought while driving a motor vehicle under the influence of alcohol or drugs, where the death is the result of committing an unlawful act or a lawful act performed with ordinary negligence.

Unlike murder charges, vehicular manslaughter does not require intent to kill. However, the prosecution must still prove specific legal elements beyond a reasonable doubt.

Elements of DUI Vehicular Manslaughter (PC 191.5(b))

To obtain a conviction, the prosecutor must prove all of the following:

  • You were driving a motor vehicle under the influence of alcohol or drugs

  • While driving, you committed a misdemeanor, infraction, or other unlawful act

  • The act was committed with ordinary negligence

  • Your conduct caused the death of another person

If any one of these elements cannot be proven, the charge may be reduced or dismissed.

What Does “Under the Influence” Mean Under California Law?

You are considered under the influence if you violate Vehicle Code 23152, which includes:

  • Driving with a blood alcohol concentration (BAC) of 0.08% or higher

  • Driving while impaired by drugs

  • Driving under the combined influence of alcohol and drugs

For drivers under 21, a BAC of 0.05% or higher may constitute a violation under California law.

What Is Ordinary Negligence?

Ordinary negligence means carelessness or a lapse in judgment, not reckless or extreme behavior.

Examples include:

  • Briefly looking at a phone while driving

  • Minor speeding

  • Momentary inattention

For example, a driver who is legally intoxicated and glances at a text message long enough to cause a fatal collision may face charges under Penal Code 191.5(b).

This is distinct from gross negligence, which involves conduct that is clearly dangerous and shows a disregard for human life.

Is Vehicular Manslaughter While Intoxicated a Felony or Misdemeanor?

Penal Code 191.5(b) is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

  • Up to 1 year in county jail

  • Fine up to $1,000

  • Summary probation

  • Restitution to the victim's family

Felony Penalties

  • 16 months, 2 years, or 4 years in California state prison

  • An additional 3 to 6 years if others suffered serious injuries

  • Fine up to $10,000

  • Formal probation

  • Mandatory restitution

Additional DUI-related penalties include license suspension, alcohol or drug treatment, and DUI education programs.

Related Criminal Charges

Depending on the facts, prosecutors may instead file charges under:

  • Penal Code 191.5(a) – Gross vehicular manslaughter while intoxicated

  • Penal Code 192(c) – Vehicular manslaughter

  • Penal Code 187 – Murder

  • Watson Murder – DUI murder based on implied malice

Can Vehicular Manslaughter While Intoxicated Charges Be Beaten?

Yes. These cases are defensible, but they require immediate and experienced legal representation.

Effective defense strategies may include:

You Were Not Under the Influence

  • Challenging breath or blood test accuracy

  • Suppressing illegally obtained evidence

  • Exposing improper DUI investigation procedures

  • Demonstrating symptoms were caused by trauma or adrenaline

No Negligent Conduct

  • Proving your driving was reasonable under the circumstances

  • Showing the accident was unavoidable

  • Establishing the victim's conduct was the primary cause

  • Using accident reconstruction experts to dispute causation

Many DUI vehicular manslaughter cases rely on incomplete or biased investigations. Independent analysis often reveals critical weaknesses in the prosecution's case.

Speak With a Los Angeles Vehicular Manslaughter Defense Lawyer

Vehicular manslaughter while intoxicated charges carry life-altering consequences. Early intervention can make the difference between prison and a reduced or dismissed charge.

If you are facing allegations under California Penal Code 191.5(b), contact an experienced Los Angeles criminal defense lawyer immediately at the Hedding Law Firm for a confidential case evaluation.