When a person is driving while under the influence and proximately causes the death of another person, he or she may be convicted of either:
(1) vehicular manslaughter, if the act was without gross negligence;
(2) gross vehicular manslaughter while intoxicated, if the act was with gross negligence; or
(3) murder, if the act was with malice or exhibited wantonness and a conscious disregard for life.
Degree of Impairment Required for a California DUI:
A person is under the influence of an alcoholic beverage, drugs, or a combination of the two if the substance ingested so affects the nervous system, the brain, or the muscles as to impair to an appreciable degree the ability to operate a vehicle as would an ordinarily prudent and cautious person in full possession of his or her faculties using care and who is operating a vehicle that is subject to similar road conditions.