DUI Manslaughter is a very serious crime in the State of Florida. Both the Miami-Dade State
Attorney's Office and the Broward State Attorney's Office assign
only the most experienced prosecutors to handle these sensitive charges.
In order to prove an accused person guilty beyond a reasonable doubt on
the charge of DUI manslaughter, Florida law states:
1) The Defendant drove or was in actual physical control of a vehicle.
2) While driving or in actual physical control of the vehicle, Defendant
(a)was either under the influence of alcoholic beverages, a chemical substance,
or a controlled substance to the extent that his or her normal faculties
3) As a result, Defendant caused or contributed to the cause of the death
of the victim.
DUI manslaughter is a second-degree felony punishable by up to fifteen
(15) years in prison. If you
leave the scene
of the accident or fail to render aid, the charge becomes a first-degree
felony punishable by up to thirty (30) years in prison.
In the State of Florida, there is a four-year
sentence associated with the charge of DUI manslaughter.
by itself is a serious charge, but when it is alleged that somebody died
as a result of your driving under the influence, the sentence not only
becomes harsher, but the amount of time and energy put into your prosecution
What can be troubling about a DUI manslaughter charge is that the family
of the alleged victim will likely have the final say over any possible
plea negotiations. If the family of the deceased wants you to go to prison,
the State Attorney's Office will not offer you anything less than
a prison sentence.
On the other hand, DUI manslaughter has many defenses. For one, it is not
enough that the State prove that your were impaired by drugs or alcohol.
The State must prove that as a result of impairment, you caused or contributed
to the cause of the accident. If the alleged victim is completely at fault
for the accident, then the most you can be found guilty of is a misdemeanor
DUI. While those
are severe, they are not nearly as bad as those for DUI manslaughter.
Additionally, much like with an ordinary DUI, the State must still prove
that you were impaired. If your blood alcohol reading is below a 0.08,
you have a much greater chance of beating the charge. Even if your blood
alcohol reading was higher than a 0.08, the same tactics used to attack
blood alcohol evidence in an ordinary DUI case can be applied to DUI manslaughter.
DUI manslaughter not only carries a mandatory prison term, a conviction
can result in the permanent revocation of your driver's license.
DUI manslaughter cases are taken seriously by the prosecutors. If charged,
you will need a
Miami-Dade County criminal defense attorney who will fight even harder for you. This representation includes getting
the accused a
, investigating the scene of the accident, studying each and every police
report, and filing motions on behalf of the client. And if a resolution
cannot be reached, then the criminal lawyer must be prepared to defend
the accused at
If you, a family member, or a friend have been charged with DUI manslaughter
in either Miami or Broward,
please call my office