Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Gross Vehicular Manslaughter While Intoxicated

Gross vehicular manslaughter while intoxicated is one of the most serious DUI-related offenses under California law. Defined under Penal Code §191.5(a), it occurs when a driver, while under the influence of alcohol or drugs, causes the death of another person through acts of gross negligence.

This is not treated as an accident, it is prosecuted as a violent felony. A conviction can lead to years in state prison, loss of driving privileges, and a permanent felony record. The emotional, legal, and financial impact can be devastating.

If you or a loved one has been arrested or charged with gross vehicular manslaughter while intoxicated, it is critical to contact an experienced criminal defense attorney immediately. Early intervention can mean the difference between a lengthy prison sentence and a reduced or dismissed charge.

San Diego Gross Vehicular Manslaughter Defense Attorney

Prosecutors aggressively pursue vehicular manslaughter cases involving intoxication, often seeking the harshest possible penalties. However, not every fatal crash involving alcohol or drugs qualifies as gross negligence. Many accidents occur due to unavoidable circumstances, road conditions, or the actions of other drivers.

Attorney Michael Cindrich is an experienced criminal defense and DUI attorney who has successfully defended clients in serious vehicular homicide cases throughout California. He understands the complex interplay of DUI laws, accident reconstruction, and forensic toxicology, and how to challenge the prosecution’s version of events.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

For a free, confidential consultation, call (619) 262-2500.

Overview of Gross Vehicular Manslaughter While Intoxicated Charges in San Diego

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Definition of Gross Vehicular Manslaughter While Intoxicated

Under Penal Code §191.5(a), a person commits gross vehicular manslaughter while intoxicated when they:

  1. Drive under the influence of alcohol, drugs, or both;
  2. Commit an additional negligent or unlawful act (other than the DUI itself);
  3. Act with gross negligence; and
  4. Cause the death of another person as a result.

Gross Negligence vs. Ordinary Negligence

“Gross negligence” means conduct that is more than just careless, it is a reckless disregard for human life. It involves an act so dangerous that any reasonable person would know it could result in death.

For example, driving at 90 mph through a residential neighborhood while intoxicated might be considered gross negligence. Simply failing to brake in time at a red light might not.

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Penalties for Gross Vehicular Manslaughter While Intoxicated

Gross vehicular manslaughter while intoxicated is a felony offense. Penalties depend on the severity of the conduct, the defendant’s criminal record, and whether there are prior DUI convictions.

Standard Felony Penalties (Penal Code §191.5(a))

  • 4, 6, or 10 years in California state prison
  • Driver’s license revocation by the DMV
  • Fines up to $10,000
  • Formal probation with strict conditions
  • Restitution to victims’ families

If the Defendant Has Prior DUI or Vehicular Manslaughter Convictions

  • 15 years to life in state prison under Penal Code §191.5(d)
  • Permanent driver’s license revocation
  • Lifetime felony record

Additional Consequences

  • Felony conviction on background checks
  • Loss of professional licenses
  • Immigration consequences for non-citizens
  • Substantial increase in auto insurance premiums

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Key Elements a Jury Considers in Gross Vehicular Manslaughter While Intoxicated Cases

To convict under Penal Code §191.5(a), the prosecution must prove each of the following elements beyond a reasonable doubt:

  • Driving Under the Influence – The defendant was driving while impaired by alcohol, drugs, or both, or had a BAC of 0.08% or higher.
  • Commission of a Separate Unlawful Act – The defendant committed an additional negligent or unlawful act, such as speeding, running a red light, or unsafe lane changes.
  • Gross Negligence – The defendant’s actions demonstrated reckless disregard for human life, far beyond ordinary carelessness.
  • Causation of Death – The negligent act must have directly caused the death of another person.
  • State of Mind – Jurors consider whether the defendant was aware of the risks and chose to disregard them.

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Defenses to Gross Vehicular Manslaughter While Intoxicated

Because this charge is so severe, an effective defense strategy often focuses on challenging causation, intoxication levels, and negligence.

Common defenses include:

  • Lack of Gross Negligence – The driver’s actions were ordinary negligence, not reckless or extreme.
  • Accident Not Caused by Defendant – Another driver, mechanical failure, or road hazard caused the fatality.
  • Inaccurate BAC or Drug Test – Breath or blood tests were improperly conducted, contaminated, or unreliable.
  • No Proof of Driving – The prosecution cannot prove the defendant was actually operating the vehicle.
  • Medical or Emergency Justification – The defendant acted under duress or emergency circumstances.
  • Improper Police Conduct or Investigation – Officers violated constitutional rights during arrest, testing, or interrogation.

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Role of a San Diego Vehicular Manslaughter Defense Attorney

  • Immediate Case Review and Evidence Preservation – The attorney gathers accident reports, body-cam footage, witness statements, and forensic data before it can be lost or altered.
  • Consultation with Expert Witnesses – Defense counsel often retains accident reconstruction specialists, forensic toxicologists, and medical experts to challenge the prosecution’s claims.
  • Challenging the BAC Evidence – The lawyer reviews whether the chemical test followed proper procedures and whether external factors (such as rising BAC or medication) affected results.
  • Negotiating for Charge Reductions – In some cases, charges can be reduced to vehicular manslaughter while intoxicated without gross negligence (Penal Code §191.5(b)) or DUI causing injury (Vehicle Code §23153).
  • Courtroom Advocacy – The attorney cross-examines expert witnesses, disputes causation, and presents alternative theories of the accident to the jury.
  • Post-Conviction Relief and License Reinstatement – After resolution, counsel may pursue appeals, sentence modifications, or DMV license reinstatement hearings.

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Frequently Asked Questions

Q: What’s the difference between gross and ordinary vehicular manslaughter while intoxicated?
 A: The key difference is the level of negligence. Gross negligence involves extreme carelessness or recklessness, while ordinary negligence involves simple mistakes. Ordinary negligence falls under Penal Code §191.5(b) and carries lighter penalties.

Q: Can I be charged if the victim was partly at fault?
 A: Yes. Even if the deceased contributed to the accident, prosecutors can still pursue charges if your grossly negligent actions played a significant role in the death.

Q: Is this considered a strike offense?
 A: Yes. Gross vehicular manslaughter while intoxicated is classified as a “strike” offense under California’s Three Strikes Law.

Q: Can this charge be reduced to a DUI?
 A: Possibly. With strong evidence and effective negotiation, charges may be reduced to a lesser DUI-related offense without the manslaughter element.

Q: Will I lose my driver’s license?
 A: Yes. A conviction typically results in a mandatory license revocation by the DMV and reinstatement is extremely difficult.

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Additional Resources

California Penal Code §191.5 – Vehicular Manslaughter While Intoxicated: Defines both gross and ordinary vehicular manslaughter while intoxicated and details penalties.

California Vehicle Code §23152 – Driving Under the Influence: Explains DUI laws and intoxication thresholds under California law.

California DMV – DUI Thresholds: Explains blood alcohol content required to make one legally impaired.

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Hire a Defense Attorney for Gross Vehicular Manslaughter While Intoxicated Charges in San Diego County, CA

A gross vehicular manslaughter while intoxicated charge can change your life forever. It carries severe penalties, including years in state prison and permanent loss of driving privileges. You need a defense attorney who understands both DUI law and complex accident litigation.

The Law Offices of Michael E. Cindrich represent clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your future and your freedom. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.