A DUI accident that results in fatalities is considered a serious crime in California. If you are accused of vehicular homicide or any other DUIs resulting in deaths in San Diego County, you need a good DUI law firm that will protect your rights and defend you against the charges. Anytime there is a motor vehicle-related death where drinking or drugs were involved, there is a good chance that law enforcement officers will place the blame on the person driving under the influence regardless of whether or not he or she did anything to cause the fatality.
In San Diego, Carlsbad, and other cities throughout San Diego County, the Law Offices of David M. Boertje would like to talk to you. One of our San Diego DUI lawyers can conduct an independent investigation of the accident scene to determine what really happened, work with experts to analyze the accuracy of field sobriety or chemical tests, determine whether your legal rights were violated during the arrest, and present any evidence that could allow for the charges or penalties to be reduced or dropped.
Second-Degree Murder (California PC 187)A person may be charged with second-degree while driving under the influence of alcohol or drugs if malice is believed to have been a factor. Murder involving malice implies that the person either acted intentionally to cause the unlawful death of a human being or fetus or acted in a manner that he or she knew could lead to fatal injuries. Second-degree murder is considered a felony in California. The penalty that accompanies a second-degree murder conviction while driving under the influence of alcohol or drugs is 15 years to life in prison.
Vehicular HomicideIn California, vehicular homicide involving DUI/DWI is considered a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony. If charged as a felony, the defendant will have to face time in state prison. If this is not the driver’s first DUI offense, 15 years to a lifetime prison term may be imposed.
Vehicular Manslaughter While Intoxicated, Without Gross Negligence (California PC 192(c) (3)This is a “wobbler” offense with a penalty that can lead to time in state prison. Visit the Felony DUIs section of our Web site for more information.
Vehicular Manslaughter While Intoxicated, With Gross Negligence (California PC 191.5)The penalty for this conviction comes with a state prison sentence of up to 10 years. However, if this is not a driver’s first DUI offense of this kind, Courtney’s Law could bump the penalty to 15 years to life in state prison. For more information, visit our Felony DUI page.
Hit and Run Causing Death or Injury (California Vehicle Code Section 20001)A DUI Hit and Run involving manslaughter or homicide will increase accompanying penalties by at least 5 years in state prison. Visit our DUI Hit and Run page for more information.
Just because you have been arrested and charged with a crime does not mean you are or will be found guilty. There are legal remedies and strategies that can secure the best outcome possible for your case.
The Law Offices of David M. Boertje provides our DUI clients with an aggressive and effective defense. To request your free consultation with one of our San Diego DUI lawyers, call us, send us an e-mail, or contact us online.