San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
  • DUI with Injury
  • DUI Fourth Offense
  • DUI Manslaughter
  • Vehicular Homicide
  • Second Degree Murder
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

DUI Manslaughter

consequences. Drinking and driving incidents resulting in death are generally charged as felony DUI cases and the accused faces the possibility of a California prison sentence. California prosecutors have the discretion to charge drunk driving death cases in one of three ways – as second-degree DUI murder, DUI vehicular homicide, or DUI manslaughter.

California manslaughter charges involving a driving under the influence case are brought when a prosecutor believes they can prove the motorist arrested killed another person without criminal intent, but with the knowledge that the individual’s actions of driving under the influence were likely to cause death. This is called criminal negligence. Although people don’t begin driving after having consumed an alcoholic beverage with the intention of causing a death, a California prosecutor will argue that the driver knew that the actions were dangerous. This is particularly the case if the person charged with driving under the influence causing death has prior DUI convictions.

The first step to properly defend against a DUI manslaughter charge is to thoroughly investigate the case objectively. Because police and prosecutors tend to search for evidence which points to the DUI defendant’s guilt, it’s crucial to have independent investigators objectively examine the facts and evidence of the case. A DUI attorney who specializes in drunk driving defense will employ highly qualified independent DUI experts to reconstruct the accident and uncover useful information.

Defense experts will also analyze factors of the underlying drunk driving charge, such as the motorist’s blood alcohol concentration (BAC). Because DUI chemical tests to measure BAC typically take place hours after an accident, the BAC may be inaccurate if the driver's body continued to absorb alcohol after the accident. An independent expert may be able to show that the driver’s BAC was not at or above the legal limit when the accident occurred.

Being charged with a DUI related death will have life changing consequences. Therefore, it is imperative to have skilled defense team specializing in DUI defense representing the accused. An experienced California DUI lawyer will fight the charges aggressively with the goal of keeping the very serious criminal consequences to a minimum.

Home > Bay Area DUI > Felony DUI Case > DUI Manslaughter