Charged with Vehicular Manslaughter While Intoxicated (PC § 191.5(b)) in California?

Accused After a DUI Crash Resulted in Death? Here’s What You Need to Know.

Being involved in a fatal accident is devastating under any circumstances. But when alcohol or drugs are involved, the consequences are not just emotional—they’re criminal. California Penal Code § 191.5(b) addresses vehicular manslaughter while intoxicated, and if you’re facing charges under this law, your freedom, record, and future are on the line.

At The Nieves Law Firm, we help good people facing the worst moments of their lives. If you’ve been arrested or are under investigation for vehicular manslaughter while intoxicated, this guide will explain what you’re up against—and how we can fight back.

Vehicular Manslaughter While Intoxicated Under PC § 191.5(b)?

California separates intoxicated vehicular manslaughter into two categories: gross negligence and ordinary negligence.

PC § 191.5(b) covers cases involving ordinary (not gross) negligence. It applies when:

• You were driving under the influence of alcohol or drugs (in violation of VC §§ 23140, 23152, or 23153); and
• You caused a crash that resulted in the unlawful killing of another person; and
• The death was the proximate result of either:
  • An unlawful act, not amounting to a felony, but committed without gross negligence, or
  • A lawful act, done in an unlawful manner, but without gross negligence.

Essentially, you’re being accused of committing a DUI-related traffic offense that caused someone’s death, but your behavior did not rise to the level of “gross negligence.”

Vehicular Manslaughter vs. Gross Vehicular Manslaughter

It’s important to distinguish PC § 191.5(b) from PC § 191.5(a), which involves gross negligence. The key difference lies in the degree of recklessness:

If prosecutors believe your actions were more than careless—such as speeding through a red light while impaired—they may instead file charges under PC § 191.5(a) or even consider a Watson murder (second-degree implied malice murder under PC § 187).

Penalties Under Penal Code § 191.5(b)

Vehicular manslaughter while intoxicated is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

• Up to 1 year in county jaildui
• Informal (summary) probation
• Fines and court fees
• Driver’s license suspension
• Mandatory DUI classes

Felony Penalties

• 16 months, 2 years, or 4 years in state prison (under PC § 1170(h))
• Formal probation
• Fines up to $10,000
• Restitution to the victim’s family
• DMV consequences and possible permanent license revocation

Whether the case is filed as a misdemeanor or a felony depends on the facts of the crash, your prior record, and prosecutorial discretion.

Factors That Affect Sentencing

The sentence you face under PC § 191.5(b) depends on a range of considerations, including:

• Your level of impairment (BAC, drugs, or a combination)
• Your driving behavior (e.g., speeding, lane changes, distractions)
• Your criminal history, especially prior DUI convictions
• Whether the victim was a passenger, pedestrian, or another driver
• How quickly emergency responders were contacted

In borderline cases, a criminal defense attorney may be able to persuade prosecutors to file the case under PC § 191.5(b) rather than PC § 191.5(a), which carries much longer prison time.

Is This the Same as DUI Manslaughter?

Yes and no. PC § 191.5(b) is often referred to in shorthand as DUI manslaughter, but not all DUI manslaughter cases fall under this code section. Depending on the circumstances, prosecutors might file under:

• PC § 191.5(a) – Gross vehicular manslaughter while intoxicated
• PC § 192(c)(1) – Vehicular manslaughter with gross negligence (not necessarily DUI)
• PC § 187 – Second-degree murder (Watson murder)

If you have a prior DUI conviction and were given a Watson advisement—a warning from the court that DUI can kill—you may face a murder charge instead of manslaughter. That makes experienced legal defense absolutely critical.

Legal Defenses to PC § 191.5(b) Charges

Just because someone died in a DUI-related crash doesn’t automatically make you guilty of vehicular manslaughter. At The Nieves Law Firm, we look closely at the evidence, challenge assumptions, and fight to protect your rights.

Possible defenses include:

1. You Were Not Driving

If you were not the person driving the vehicle, prosecutors cannot hold you responsible under PC § 191.5(b).

2. No DUI / Improper Testing

If the chemical tests were flawed or police lacked probable cause to stop you, we may challenge the validity of the DUI element entirely.

3. No Causal Link to the Death

The prosecution must prove that your conduct—not another factor—was the proximate cause of the victim’s death. If road hazards, the other driver’s behavior, or even weather contributed more significantly, this could weaken their case.

4. Lack of Criminal Negligence

You may have made a mistake or violated a traffic law, but unless the act was unlawful or done unlawfully, the elements of PC § 191.5(b) may not be met.

5. Suppression of Evidence

If law enforcement violated your rights, we can file motions to exclude key evidence—sometimes forcing a reduction or dismissal of charges.

How The Nieves Law Firm Can Help

We don’t back down from serious charges. We don’t judge our clients. And we don’t take shortcuts. At The Nieves Law Firm, we:

• Conduct independent investigations of the crash scene and vehicles
• Review police reports and test results for inconsistencies and rights violations
• Negotiate proactively with prosecutors to reduce charges when appropriate
• Aggressively defend you in court, if the case goes to trial
• Protect your record and your future, not just plead the case out

We understand that many vehicular manslaughter cases involve good people who never intended to hurt anyone. Our mission is to make sure one tragic incident doesn’t destroy your life.

Facing DUI Manslaughter Charges? Take the First Step Toward Your Defense.

A conviction under PC § 191.5(b) could change your life forever—but the right defense can change the outcome. Don’t leave your future in the hands of the system.

Contact The Nieves Law Firm today or request a consultation online. We’ll help you understand your rights, explain your options, and start fighting back immediately.