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What to Expect If You’re Charged With Vehicular Manslaughter in San Diego

By San Diego Attorney on October 2, 2025

Facing a charge of vehicular manslaughter in San Diego is a devastating experience. If you are under investigation or have been charged, it’s important to find an experienced San Diego vehicular manslaughter defense lawyer who will aggressively defend your rights.

At jD Law Criminal Defense Attorneys, we’ve spent decades guiding clients through the California criminal court system, and we know how local prosecutors operate in San Diego County.

Understanding Vehicular Manslaughter Charges

Vehicular manslaughter in California refers to the unlawful killing of another person while driving a vehicle, but without malice aforethought (meaning, there was no intent to kill). There are three main categories of vehicular manslaughter in California:

Misdemeanor Vehicular Manslaughter

Misdemeanor vehicular manslaughter is the least severe version of the offense. To be charged under this provision, the driver must have committed an infraction or lawful act in an unlawful way that amounts to ordinary negligence and unintentionally caused someone’s death. For example, misdemeanor charges may be brought when a driver runs a red light while distracted, causing a fatal accident.
Penalties may include:

• Up to 1 year in county jail
• Fines of up to $1,000
• Informal probation
• License suspension

Gross Vehicular Manslaughter

A charge of gross vehicular manslaughter may be brought in cases involving gross negligence when prosecutors believe the driver’s behavior reflects a reckless disregard for human life. For example, these charges may be applied against a driver who speeds through a school zone during drop-off hours and causes a fatal collision.

Penalties may include:

• Felony conviction
• 2, 4, or 6 years in state prison
• Higher fines
• License revocation by the DMV
• Felony probation

Vehicular Manslaughter While Intoxicated (DUI Manslaughter)

If a driver is under the influence of drugs or alcohol at the time of the incident, they may face DUI manslaughter charges. This is an extremely serious offense, and these cases are prosecuted aggressively by San Diego County’s District Attorney’s Office.

Types of DUI manslaughter charges:

• Gross vehicular manslaughter while intoxicated: A felony, punishable by 4, 6, or 10 years in prison.
• Vehicular manslaughter while intoxicated (without gross negligence): May be charged as a felony or misdemeanor.

Misdemeanor vs. Felony Vehicular Manslaughter

The classification of your case as a misdemeanor or felony depends on factors like:

• Whether gross negligence or simple negligence is involved
• Whether alcohol or drugs were involved
• Your criminal record
• The specific circumstances of the death

In San Diego, prosecutors frequently push for the highest possible charges in vehicular homicide cases. That’s why early intervention from a San Diego criminal defense lawyer is critical.

What Happens When You Are Charged With Vehicular Manslaughter?

If you are suspected of vehicular homicide in California, you may be arrested at the scene or after a follow-up investigation.

Initial Investigation

Law enforcement will evaluate the crash scene, interview witnesses, inspect vehicles, and often order toxicology tests if impairment is suspected.

DUI Testing (if applicable)

In cases of DUI vehicular manslaughter, breath, blood, or urine tests may be administered. Refusal can result in an automatic license suspension.

Arrest and Booking

If sufficient probable cause exists, officers may arrest you and take you to a local detention facility such as the San Diego Central Jail.

Formal Charges

The District Attorney will review the evidence and file charges. Charges can range from a misdemeanor to felony vehicular manslaughter.

Will My License Be Suspended?

A driver’s license suspension is an immediate consequence of an arrest for vehicular manslaughter. The California Department of Motor Vehicles (DMV) may take action independent of the criminal court, especially if the case involves DUI.

For felony convictions, your license can be revoked for several years. For misdemeanor convictions, a suspension of one year or more is common.

You will want to speak with a San Diego DUI attorney right away. You only have 10 days from your arrest to request a DMV hearing to challenge the suspension.

Defense Strategies for Vehicular Manslaughter Charges

Every case is unique, but there are effective legal defenses strategies for defendants who are facing a vehicular homicide charge in California.

Lack of Negligence

Your attorney may argue that the accident was unavoidable or that you acted as a reasonable driver under the circumstances.

No Causation

The prosecution must prove your actions directly caused the victim’s death. If intervening factors, like weather, road conditions, or another driver’s actions contributed to the accident, this could break the chain of causation.

Factual Innocence

If you were not the driver or were misidentified, your attorney can work to demonstrate this through surveillance, eyewitness testimony, or forensic evidence.

Challenging Toxicology Reports

In DUI manslaughter cases, your defense lawyer may challenge the validity of blood alcohol content (BAC) tests or the procedures used by officers in collecting and handling samples.

Constitutional Rights Violations

An unlawful stop, an illegal search, or a coerced statement may be grounds for evidence suppression.

The Legal Process

San Diego’s criminal courts can be daunting, particularly in felony matters. Vehicular manslaughter cases are usually handled at the San Diego Superior Court. A case will typically move through the following stages:

• Arraignment: You’ll enter a plea. Bail may be discussed.
• Pretrial Hearings: Your defense attorney can challenge evidence and negotiate with prosecutors.
• Trial: If your case goes to trial, a jury will decide guilt or innocence.
• Sentencing: If convicted, a judge will impose penalties. Sentencing enhancements may apply if other laws were violated.

Why You Need an Experienced San Diego Criminal Defense Lawyer

Vehicular manslaughter charges carry severe penalties, especially if drugs or alcohol are involved. You could be facing years in prison, permanent loss of driving privileges, and a lifetime criminal record.

San Diego prosecutors are known to take a hardline stance on these cases, and juries may be emotionally swayed by the tragic nature of the event. That’s why you need aggressive representation from a criminal defense lawyer who knows how to win in San Diego courtrooms.

At jD Law Criminal Defense Attorneys, we are led by James N. Dicks, a Certified Criminal Law Specialist by the California Board of Legal Specialization and a former LAPD investigator.

With over 30 years of experience and a deep understanding of local law enforcement tactics, we will build a legal defense tailored to your situation. James N. Dicks is a seven-time recipient of the Avvo Client Choice Award.

Speak With a Trusted Criminal Defense Lawyer in San Diego

The clock starts ticking the moment you’re arrested. Every hour you wait gives prosecutors an edge. Let us help you take control of your future.

Contact jD Law Criminal Defense Attorneys for a free consultation. We’ll explain your rights, walk you through your legal options, and begin preparing your defense strategy.

Call (760) 630-2000 to learn more today.