Skip to Content
Law Offices of Virginia L. Landry, Inc. Law Offices of Virginia L. Landry, Inc.
Available 24/7 949-694-8804

What Happens If a DUI Results in Someone’s Death?


Driving under the influence of alcohol or drugs can result in serious consequences. However, the penalties for DUI are multiplied significantly if it resulted in another person’s death. Regardless of whether the fatal end was that of a passenger, person in another car, or a pedestrian, the penalties can be severe for the drunk driver responsible for the accident. Our Orange County DUI defense attorneys go into detail about the penalties a person can face if their DUI results in a fatal accident.

DUI Penalties for a Fatal Accident in California

In California, prosecutors can charge DUI offenders with one of two types of vehicular manslaughter if their DUI resulted in a fatal accident. Vehicular manslaughter is a serious offense that will require the most aggressive and experienced criminal defense counsel possible. Below we have put together the penalties a person faces if their DUI results in another person’s death:

  • Vehicular Manslaughter While Intoxicated: This can result in up to one year in county jail or up to 16 months to 4 years in state prison.
  • Vehicular Manslaughter While Intoxicated, with Gross Negligence: This can result in up to one year in jail or up to ten years in prison.

Vehicular Manslaughter While Intoxicated

You may face vehicular manslaughter while intoxicated if you have a blood alcohol concentration of 0.08 percent or higher, if you broke other traffic offenses (such as speeding or not following traffic laws), you acted with “ordinary negligence,” and someone died as a result of your actions. Vehicular manslaughter while intoxicated can either be a misdemeanor or felony, depending on the circumstances.

Vehicular Manslaughter While Intoxicated with Gross Negligence

This is the second-most severe offense a person can face if their DUI resulted in another person’s death. Vehicular manslaughter while intoxicated with gross negligence is essentially the same charge as vehicular manslaughter while intoxicated, except that it alleges “gross negligence” instead of “ordinary negligence.” These charges always result in felonies, and they result in more severe consequences.

If you face vehicular manslaughter with intoxicated charges, you need our experienced team of Orange County vehicular manslaughter lawyers on your side. Contact our team today at 949-694-8804 to schedule a consultation!

Share To: