Los Angeles DUI Felonies Involving Injury or Death

There are two main types of felony DUI charges involving injury or death. Manslaughter or homicide charges apply when the felony DUI is determined to have occurred due to negligence. Murder charges apply when the felony DUI is determined to have been caused by intended malice.

Vehicular manslaughter is charged as a felony, and pertains to injury or death that occurred as a result of gross negligence. The term gross negligence, as defined in a vehicular manslaughter charge, means that the defendant knew, or should have known, that his or her actions would likely result in the death of another party.

Ordinary negligence, or negligence that occurred without the expectation that the defendant should have known that injury or death was a likely result, applies to the charge of vehicular homicide. Sometimes, very rarely, this type of charge can be tried as a misdemeanor. However, most prosecutors go after the more severe penalties associated with the felony charge. 

Assault with a deadly weapon is an occasional charge for Los Angeles DUI felonies involving severe injury. The car as driven by the defendant is considered a weapon in this instance. While these types of charges used to be rare, they are becoming more common as the prosecution and district attorney’s office seeks to crack down on DUI offenders.

Repeat offenders may also be charged with second degree murder if their Los Angeles DUI charge involves the death of another individual. The prosecution of a second degree murder charge regarding multiple offenders generally tries to prove that the defendant acted with implied malice, knowing the consequences of DUI first hand from prior offenses.