Vehicular Manslaughter

Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation  of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

 Except as provided in subdivision , gross vehicular manslaughter while intoxicated in violation of subdivision is punishable by imprisonment in the state prison for 4, 6, or 10 years.

Vehicular manslaughter while intoxicated in violation of subdivision  is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision  of Section 1170 for 16 months or two or four years.