(

a) 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

Section 23140, 23152, or 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. (

b) 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

Section 23140, 23152, or 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. (c)

(1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (

a) is punishable by imprisonment in the state prison for 4, 6, or years.

(2) Vehicular manslaughter while intoxicated in violation of subdivision (

b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (

h) of

Section for months or two or four years. (

d) A person convicted of violating subdivision (

a) who has one or more prior convictions of this

section or of paragraph (1) of subdivision (

c) of

Section 192, subdivision (

a) or (

b) of

Section 192.5 of this code, or of violating

Section punishable under Sections 23540, 23542, 23546, 23548, 23550, or of, or convicted of

Section of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of years to life.

Article 2.5 (commencing with

Section 2930) of

Chapter of Title of Part shall apply to reduce the term imposed pursuant to this subdivision. (

e) Notwithstanding

Section 1203.1 or 1203a, if a person is convicted of a violation of this

section and is granted probation, the period of probation shall be not less than three nor more than five years. (

f) This

section shall not be construed as prohibiting or precluding a charge of murder under

Section upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290. (

g) This

section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. (

h) For the penalties in subdivision (

d) to apply, the existence of any fact required under subdivision (

d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.