Legal Question in DUI Law in California

DUI - Manslaughter

My boyfriend (he is 43) was at a party and had a rum and coke after which took a friend (she was 37) (who was also drinking) for a ride on his motorbike, while on the ride they crashed, she died - he did not. His BAC (by blood) was .136. We know he is facing some pretty bad charges this is not his first DUI (last one 10 years ago). We cannot afford an attorney so we are very scared. Right now the DA has not done anything as he is still sick (broken neck). What we want to know is what are we looking at as far as possible jail time? Do we stand a chance at probation? He has a good job and is a responsible person.


Asked on 5/17/00, 9:09 pm

1 Answer from Attorneys
Lawrence Taylor Law Offices of Lawrence Taylor, Inc.

Re: DUI - Manslaughter

Assuming valid evidence of (1) driving, (2) intoxication or blood-alcohol level over .08%, and (3) driving negligently or "in an unlawful manner" (independent of intoxication), then he will be charged with vehicular or "gross vehicular" manslaughter. These offenses are punishable by state prison -- from one year jail up to seven years prison. Of course, "punishable" and what will actually happen may well be two very different things. There may be problems with the evidence, or the defense attorney may be able to work out a plea bargain to a lesser (misdemeanor) offense or a felony non-prison sentence (for example, 60 days jail and an alcohol rehabilitation program). It is impossible to predict at this stage what will likely happen, but if you cannot afford an attorney make sure you get the court to appoint a public defender once you have been cited in for the arraignment.

Lawrence Taylor - Southern California - (562) 989-4774

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Answered on 7/04/00, 11:17 am


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