Why California Voluntary Manslaughter Charges Don't Apply to DUIs
California’s voluntary manslaughter laws apply to those who kill in (1) the heat of passion, or (2) during a sudden quarrel. This offense is typically a reduction from what would otherwise be a murder charge. California law provides this reduction based on the fact that there are certain situations that would compel even a normally “rational” person to act irrationally.
However, you can be convicted of violating California’s voluntary manslaughter law for acting with a conscious disregard for human life.
So it would make sense that if you get behind the wheel after having too much to drink…and kill someone in the process…California law would say that you acted with a conscious disregard for human life and are therefore guilty of violating California’s voluntary manslaughter law. However, this isn’t the case.
California has its own set of laws that regulate DUIs that cause death. And…interesting enough…while all essentially involve the same “conscious disregard for human life” standard, none of them subject the driver to voluntary manslaughter charges.
If you kill another person while you are DUI…because you committed a negligent act while driving in addition to driving under the influence…you face penalties under Penal Code 191.5(b) PC California’s negligent vehicular manslaughter while intoxicated law.
If you kill another person while you are DUI…because you committed a grossly negligent act while driving in addition to driving under the influence…you face even harsher penalties under Penal Code 191.5(a) PC California’s gross vehicular manslaughter while intoxicated law.
If you kill another person while you are DUI…and because you suffered at least one prior DUI conviction, know first-hand the dangers involved with drinking and driving…you face second-degree murder charges, which are known as Watson murder charges.
So while you could face vehicular manslaughter or even murder charges if the death is related to a DUI, California’s voluntary manslaughter laws do not pertain to driving under the influence.
