192 – Penal Code – Vehicular Manslaughter:

Manslaughter is the unlawful killing of a person, without malice.  Vehicular manslaughter occurs when the driver, during the commission of an unlawful act, not amounting to a felony, or during the commission of a lawful act which might produce death, with or without gross negligence, causes the death of another.  Depending on the level of driver negligence, vehicular manslaughter can be charged as a felony or misdemeanor.

Gross vehicular manslaughter is punishable by confinement in county jail for up to one year, or the state prison for 2, 4, or 6 years.  Vehicular manslaughter is punishable by confinement in county jail for up to one year.

Any DUI that proximately results in death may be charged under California’s vehicular manslaughter statute.  A conviction for gross vehicular manslaughter is punishable by imprisonment in the state prison for 4, 6, or 10 years.  A conviction for vehicular manslaughter is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years.

191.5 – Penal Code – Vehicular Manslaughter while intoxicated:

(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years.