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GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED

California Penal Code § 191.5. Gross Vehicular Manslaughter While Intoxicated.

(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a person without malice aforethought, while driving a vehicle under the influence of drugs or alcohol, and the killing was either 1) the direct result of the commission of an illegal act (that wasn’t a felony) with gross negligence, or 2) the direct result of the commission of a legal act with gross negligence which could result in an unlawful death.

(b) Gross vehicular manslaughter while intoxicated also includes operating a boat and either 1) committing an unlawful act (not a felony) with gross negligence, or 2) committing a legal act with gross negligence which could result in an unlawful death.

(c) Gross vehicular manslaughter while intoxicated results in prison terms of 4, 6, or 10 years.

(d) If you have prior convictions for gross vehicular manslaughter while intoxicated, you can be given a prison term of 15 years to life.


Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.

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