California Penal Code Section 191.5 (b) defines vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought in the driving of a vehicle. The elements include:
• you were driving under the influence of alcohol or drugs
• you committed an unlawful act or an otherwise lawful act that might cause death
• you acted with ordinary negligence and not gross negligence
• your negligent conduct caused the death of another
A conviction for the above offenses can result in significant jail or prison time, high fines, restitution, license suspension, DUI programs and may also result as a strike offense if you are convicted of a serious felony.
Certain Defenses can be raised depending on the circumstances and facts of your case by your San Bernardino DUI manslaughter defense attorney at Wallin & Klarich. Three such defenses would be to show:
• a lack of negligence on your part
• your actions were not the legal cause of the death or
• there were no drugs or alcohol in your system at the time of the accident
The San Bernardino criminal defense lawyers of Wallin & Klarich are highly skilled, AV and AVVO rated and their vast experience can make the difference in your case.
There are many factors that determine the outcome of a DUI manslaughter in San Bernardino and having a highly skilled San Bernardino DUI manslaughter attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUI manslaughter for over 30 years. You can call us at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.