California Penal Code 191.5 – Gross Vehicular Manslaughter While Intoxicated

Overview

Penal Code 191.5 PC makes it a felony to kill another person while driving under the influence (DUI) and acting with gross negligence. This charge is one of the most serious DUI-related offenses in California and carries a potential sentence of up to 10 years in prison—or more if you have prior DUI convictions.

What separates PC 191.5 from a standard DUI is the allegation that the driver’s behavior went far beyond a simple mistake—it was reckless, dangerous, and exhibited a disregard for human life.

At Jones Trial Attorneys, we approach these cases with urgency and care. We fight to disprove the claim of gross negligence and explore every opportunity to reduce the charge, suppress key evidence, or present compelling mitigation.

Legal Definition

Penal Code § 191.5(a) defines gross vehicular manslaughter while intoxicated as:

“The unlawful killing of a human being without malice aforethought, in the driving of a vehicle, in violation of [DUI laws], and with gross negligence.”

Elements of the Crime

To convict someone under PC 191.5(a), the prosecution must prove:

1. You drove a vehicle while under the influence of alcohol or drugs;

2. While driving, you committed an additional negligent act that was dangerous to human life;

3. You acted with gross negligence; and

4. Your actions caused the death of another person.

“Gross negligence” means a conscious disregard for the safety of others—more than just speeding or swerving. It may involve extreme intoxication, excessive speeding, running red lights, or other reckless behavior.

Penalties for PC 191.5

As a Felony (PC 191.5(a)):

• 4, 6, or 10 years in state prison

• Strike offense under the Three Strikes Law

• Up to $10,000 in fines

• Formal probation (in limited cases)

• Mandatory driver’s license revocation

• Restitution to the victim’s family

With Prior DUI Convictions:

• A prior DUI or wet reckless may trigger Watson murder charges (PC 187), with a potential 15-to-life sentence

Difference Between PC 191.5(a) and PC 191.5(b)

• PC 191.5(a): Gross negligence → 4, 6, or 10 years in prison

• PC 191.5(b): Ordinary negligence → 16 months, 2 years, or 4 years

The difference often determines years of custody vs. potential probation. We work aggressively to challenge the prosecution’s claim that your actions crossed the line into gross negligence.

Defenses to PC 191.5 Charges

Common defenses include:

• No gross negligence – Your actions were careless, not criminal

• Causation dispute – The death was caused by someone or something else

• You were not under the influence – Challenging the validity of the DUI stop or blood test

• Medical emergency or unexpected road hazard

• Constitutional violations – Illegal stop, search, or failure to read Miranda rights

We consult toxicologists, accident reconstruction experts, and forensic professionals to dismantle the prosecution’s case.

Immigration and Collateral Consequences

A conviction under PC 191.5 may:

• Trigger deportation for non-citizens

• Lead to loss of commercial driving privileges

• Disqualify you from professional licensing

• Open the door to civil lawsuits from the victim’s family

We guide clients through both the criminal and collateral implications with care and discretion.

Related Offenses

• PC 192(c) – Gross Vehicular Manslaughter

• VC 23153 – DUI Causing Injury

• PC 187 – Watson Murder

• PC 192(b) – Involuntary Manslaughter

How Jones Trial Attorneys Can Help

We understand the devastating impact these cases have on everyone involved. Whether you’re accused of a tragic mistake or being overcharged in a fatal accident, we fight to protect your freedom, reputation, and future.

💼 Free consultations

⚖️ DUI homicide and felony vehicular defense

📍 Based in San Diego, serving statewide

Charged with Vehicular Manslaughter While Intoxicated? Let’s Talk.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.