Vehicular manslaughter is purely a statutory creation. California Penal Code § 192(b) specifically exempts acts committed in the driving of a vehicle from the scheme of the general involuntary manslaughter statutes.

Generally, no death involving a vehicle is criminal unless it is the proximate result of either, the commission of an unlawful act not amounting to a felony, or, the commission of a lawful act which might produce death when the act is performed in an unlawful manner.

Gross vehicular manslaughter while intoxicated is the killing of a human being while driving under the influence of alcohol, drugs or the combined influence of both alcohol and drugs. Gross vehicular manslaughter while intoxicated is a felony and is punishable by imprisonment in the state prison for 4, 6, or 10 years.

Gross vehicular manslaughter without intoxication is the driving a vehicle in the commission of an unlawful act, including a traffic violation, or the driving a vehicle in the commission of a lawful act, which might produce death, in an unlawful manner. Gross vehicular manslaughter is a wobbler and can be charged as either a felony or a misdemeanor. The possible sentence for a felony conviction is 2, 4, or 6 years in state prison. If there is a misdemeanor conviction the maximum punishment is one year in the county jail.

Vehicular manslaughter without gross negligence is the driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. Vehicular manslaughter is a misdemeanor punishable with up to one year in the county jail.

No matter the circumstances are surrounding your vehicular manslaughter case is important that you seek the legal advice of a competent, experienced criminal defense attorney.