DUI Driver Charged with Vehicular Manslaughter in Oakland (CA Penal Code 191.5)

Last Modified: October 15, 2020
January 1, 2015 | Rabin Nabizadeh | Gross Vehicular Manslaughter, Homicide

A man from Livermore (20), name withheld to protect the privacy of the accused) is currently being held in custody in conjunction with a DUI related crash that ended in the death of a passenger in his vehicle on New Year’s Day.  It seems that the accident occurred in the early morning hours near the MacArthur/High Street on-ramp.  Local law enforcement agents believe that both drugs and alcohol were to blame for the incident.

A California DUI should not be taken lightly.  Penalties, especially for a 2nd and 3rd offense are strict and harsh.  In fact, every DUI in California falls into the legal category of a ‘priorable offense.’  This means that, with each offense within 10 years of time, the punishment increases significantly.  Ostensibly, this is mean to decrease the number of DUIs by increasing the level of punishment.  Conviction for a 1st offense DUI, for example, will likely end in only up to 6 months in county jail and a maximum $1,000 fine.  However, a 3rd offense means up to 1 year in county (and 5 years of probation), revocation of your driver’s license for up to 3 years, and attendance at a state-sanctioned DUI school.

Yet, when a person’s death is the result of an accident involving drugs or alcohol, the consequence become even direr (CA Penal Code 191.5).  Although you may not have intended to end another person’s life, the courts will treat your actions as negligence and may be charged with vehicular manslaughter.  This particular law may sometimes be considered a misdemeanor and sometimes a felony (a ‘wobbler’), depending on what prosecutors believe to be the facts of an individual case.  If convicted, you may face 4 years in state prison, along with the aforementioned fines and other penalties.


latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]