Driving under the influence (DUI) is one of the most dangerous and heavily prosecuted offenses in California. But when a DUI results in a fatality, the consequences are far more serious. One of the charges that may apply in such a situation is vehicular manslaughter while intoxicated, defined under California Penal Code §191.5(b).
This article explains the legal definition, key elements of the charge, penalties, legal defenses, and how it compares to more serious offenses like gross vehicular manslaughter or DUI murder. If you’re looking for clear, complete, and up-to-date information on PC 191.5(b), you’re in the right place.
What Is California Penal Code §191.5(b)?
California Penal Code §191.5(b) Vehicular manslaughter while intoxicated makes it a crime to cause the death of another person while driving under the influence of alcohol or drugs, if the driver’s conduct amounted to ordinary negligence (as opposed to gross negligence).
Legal Definition
A person can be charged under PC 191.5(b) if:
They were driving a vehicle,
They were under the influence of alcohol, drugs, or both,
They committed an additional negligent act while driving (such as running a red light or speeding),
Their negligence caused the death of another person.
Unlike Penal Code §191.5(a), this law doesn’t require gross negligence — just ordinary negligence, meaning a failure to exercise reasonable care.
What Is Ordinary Negligence?
Ordinary negligence means failing to act with the level of care that a reasonable person would use in the same situation. Examples of ordinary negligence in the context of DUI might include:
Failing to yield the right of way
Making an unsafe lane change
Not signaling before turning
Driving slightly above the speed limit in normal conditions
While these acts might not seem reckless on their own, combining them with impaired driving significantly increases the risk to others — and the legal consequences.
Penalties for PC §191.5(b) Convictions
Vehicular manslaughter while intoxicated under §191.5(b) is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history.
If Charged as a Misdemeanor:
Up to 1 year in county jail
Fines up to $1,000
Informal (summary) probation
Driver’s license suspension
If Charged as a Felony:
16 months, 2 years, or 4 years in state prison
Fines up to $10,000
Formal probation (in some cases)
Longer driver’s license suspension or revocation
The decision to file the case as a felony or misdemeanor often depends on how negligent the conduct was, whether the defendant has prior DUI convictions, and whether other aggravating factors were present.
Comparison: PC 191.5(a) vs PC 191.5(b)
| Feature | PC 191.5(a) – Gross Negligence | PC 191.5(b) – Ordinary Negligence |
|---|---|---|
| Type | Felony only | Wobbler (Felony or Misdemeanor) |
| Negligence | Gross (reckless disregard for life) | Ordinary (lack of reasonable care) |
| Prison Time | 4, 6, or 10 years | 16 mos, 2 or 4 years (felony) / 1 yr (misdemeanor) |
| Strike? | Yes (under Three Strikes Law) | No |
Understanding this difference is crucial because the outcome of a case can change dramatically based on whether a defendant is charged under subsection (a) or (b).
Examples of Vehicular Manslaughter While Intoxicated
Example 1 – PC 191.5(b):
A driver has two beers at dinner, then drives home. While driving through an intersection, they roll through a stop sign and hit a pedestrian. The pedestrian later dies from their injuries. The driver is found to be over the legal BAC limit. Since the stop sign violation was negligent but not reckless, the driver may be charged under PC 191.5(b).
Example 2 – PC 191.5(a):
In a more severe scenario, a driver races through a residential neighborhood while intoxicated, going 60 mph in a 25 mph zone and texting. They run a red light and kill a cyclist. This kind of grossly negligent behavior would likely lead to a PC 191.5(a) charge instead of (b).
Legal Defenses to PC 191.5(b)
Even though this charge doesn’t require gross negligence, it’s still serious — and defendants have rights. Here are some common legal defenses:
1. You Were Not Under the Influence
Your attorney may challenge blood alcohol concentration (BAC) results or argue improper testing procedures. Some medications and medical conditions can falsely affect test outcomes.
2. Your Negligence Didn’t Cause the Death
To be guilty under this law, your act must be the proximate cause of the fatality. If another driver, pedestrian, or external event caused the death, you may not be legally responsible under this statute.
3. No Negligent Act Occurred
If you were driving safely, and the death was an unavoidable accident (even if you were impaired), your actions might not meet the definition of negligence.
4. Police Misconduct
Evidence obtained through an illegal search or traffic stop can be challenged and possibly excluded from trial.
Potential Consequences Beyond Criminal Penalties
Even a misdemeanor conviction under PC 191.5(b) Vehicular manslaughter while intoxicated can have long-term effects on your life:
Civil lawsuits from the deceased’s family
Loss of employment, especially in industries requiring a clean driving record
Immigration consequences for non-citizens
Higher insurance premiums or cancellation
Loss of professional licenses
That’s why it’s important to take this charge seriously, even if it seems “lesser” than gross vehicular manslaughter or DUI murder.
Frequently Asked Questions (FAQs)
Is PC 191.5(b) a strike offense?
No, unlike PC 191.5(a), subsection (b) is not a strike under California’s Three Strikes Law.
Can you go to jail for a first-time DUI causing death?
Yes. Even first-time DUI offenders can face jail or prison time if someone dies due to their actions, depending on the level of negligence.
Can this charge be reduced or dismissed?
In some cases, yes — with a skilled defense, charges may be reduced to a misdemeanor, or dismissed entirely if key elements (like causation or intoxication) can’t be proven.
What To Do If You’re Charged
Being arrested or charged with vehicular manslaughter while intoxicated is terrifying — but it’s not the end. You have legal rights and options. The first step should always be to consult a qualified California DUI or criminal defense attorney who has experience handling vehicular manslaughter cases. Every case is different, and your defense strategy should be tailored to the specific facts and evidence involved.
Conclusion
California Penal Code §191.5(b) Vehicular manslaughter while intoxicated is a serious criminal charge that can carry life-changing consequences. It applies to drivers who, while under the influence, cause the death of another person through ordinary negligence. Unlike charges involving gross negligence or intent, this law recognizes that even momentary lapses in judgment — when mixed with DUI — can have tragic and permanent outcomes.
Whether you’re looking for legal guidance, writing about California DUI laws, or facing a charge yourself, knowing the difference between PC 191.5(a) and 191.5(b) — and understanding your rights — can make all the difference.
