DUI Manslaughter Lawyer Tampa, FL

When someone drives under the influence of alcohol or drugs and gets into a traffic collision that causes the death of another person, they will often be charged with MUI manslaughter. Make no mistake – even though you did not intend to harm or kill the other person, this is a very serious charge. You could face decades in prison, as well as civil penalties. Don’t try to defend yourself on your own. Your future is too important. Our Tampa, FL, DUI manslaughter lawyer can help protect your rights during the investigation and criminal justice process. Don’t talk to the police until you consult first with an attorney.

If you’ve been arrested on a DUI manslaughter charge in Hillsborough County, you are not eligible to seek bail until after your first court appearance hearing. Working with our defense team at Stechschulte Nell is crucial at this stage, as we can fight to have a low bond and get you home to your family. Call our client-recommended firm today—don’t risk your future by waiting!

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DUI Manslaughter Penalties Are Severe

Florida considers driving under the influence (DUI) as having a blood alcohol content of 0.08% or higher. If someone is over the legal limit and is involved in a fatal traffic accident, they can be charged with DUI manslaughter.

If you are convicted, the penalties are harsh. You could be forced to pay fines of up to $10,000, sent to prison for up to 15 years, and permanently lose your license to drive. You could also face additional penalties in civil court.

The deceased’s family may file a wrongful death lawsuit against you, seeking restitution for the loss of their loved one. Depending on the case, you may be found liable for the death of the other person, even if you are found not guilty in criminal court, as the burden of proof for a wrongful death case is lower than for DUI manslaughter.

How Our Defense Lawyers Can Help You

When you need aggressive representation in a DUI manslaughter case, contact the Stechschulte Nell legal team. We provide insightful legal counsel based on our decades of collective experience in criminal cases and our experience as prosecutors. We know how the prosecution operates because we were once on that side of the aisle!

Don’t risk your future by trying to go it alone in a criminal case or by trusting a lawyer who doesn’t have the depth of experience and knowledge we do. Our legal team carefully gathers evidence to use on your behalf and questions the validity of the evidence that the prosecutor may try to use against you. We can determine if your constitutional rights were violated in the case or attempt to have your charges dismissed or reduced. From arrest to trial, we’re committed to your freedom and future.

The Legal Process For DUI Manslaughter Charges

If you have been charged with DUI manslaughter, it is critical to understand the legal process that you will go through. After the arrest, the case will proceed to the initial court appearance, which typically happens within 24 hours of your arrest. During this hearing, the judge will review the charges and decide whether to set bail. In some cases, bail may not be granted immediately, especially in DUI manslaughter cases where a fatality has occurred.

Your next step will likely be a series of pretrial hearings where both the defense and the prosecution present their evidence. This phase is critical for your lawyer to identify any weaknesses in the prosecution’s case. For instance, if there were any procedural errors during your arrest, such as an improper breathalyzer test, your attorney may be able to challenge that evidence. Your lawyer’s expertise can play a significant role in identifying these technicalities and using them to reduce or even dismiss your charges.

Mitigating Factors In DUI Manslaughter Cases

While DUI manslaughter charges are severe, several factors can impact the severity of your sentence if convicted. These mitigating factors include your prior criminal record, your level of intoxication, and whether or not the accident was partially caused by other external factors, such as road conditions or another driver’s actions.

In some cases, showing remorse, attending alcohol rehabilitation, or completing a defensive driving course may be helpful in court, demonstrating that you are taking responsibility for your actions. An experienced DUI manslaughter lawyer can work to present these factors in a way that may lead to a lesser sentence or alternative sentencing options like probation.

The level of your cooperation with law enforcement at the time of arrest can also influence the outcome of your case. Having legal representation immediately after your arrest will make sure that you do not inadvertently harm your case during police interrogations.

Plea Bargains And Court Proceedings

In many DUI manslaughter cases, defendants are offered plea bargains, where they may plead guilty to lesser charges in exchange for reduced penalties. Navigating plea deals without an experienced lawyer can be risky, as you may not fully understand the long-term implications of accepting such an offer.

A DUI manslaughter lawyer can negotiate with the prosecution on your behalf, ensuring that any plea deal offered is in your best interest. They will weigh the pros and cons of accepting a plea bargain versus going to trial and provide expert advice on the best course of action.

Should the case go to trial, a skilled lawyer will represent you in court, presenting evidence, cross-examining witnesses, and arguing on your behalf to secure the best possible outcome. DUI manslaughter cases can be emotionally charged, and having a lawyer who knows the ins and outs of courtroom procedures is essential for a fair trial.

Tampa DUI Manslaughter Infographic

What Penalties Can I Face If Convicted Infographic

 

DUI Manslaughter FAQs

When someone faces DUI manslaughter charges, the situation is both legally complex and emotionally devastating. The stakes are high, and having our Tampa DUI manslaughter lawyer by your side is essential to conquer the legal process. Below are some frequently asked questions about DUI manslaughter cases.

What Is DUI Manslaughter?

DUI manslaughter occurs when someone unintentionally causes another person’s death while driving under the influence of alcohol or drugs. It’s a serious felony offense, with penalties varying by jurisdiction but often including lengthy prison sentences, fines, and license revocation.

How Is DUI Manslaughter Different From Other DUI Charges?

Unlike standard DUI charges, which focus on impaired driving, DUI manslaughter involves the loss of life, elevating it to a more severe felony offense. The prosecution must prove that the defendant’s impaired driving directly caused the death of another person.

What Penalties Can I Face If Convicted?

Penalties for DUI manslaughter vary by state but commonly include:

  • Prison time: Sentences can range from several years to decades, depending on aggravating factors.
  • Fines: Significant monetary penalties may be imposed.
  • License suspension or revocation: Often lasting for years or permanently.
  • Probation or parole: Post-incarceration restrictions may apply.
  • Restitution: Payments to the victim’s family for financial losses.

Some states also impose mandatory minimum sentences or enhanced penalties if aggravating factors, such as fleeing the scene, are involved.

What Defenses Can A DUI Manslaughter Lawyer Use?

A skilled lawyer can employ several defense strategies, such as:

  • Challenging the evidence: Questioning the accuracy of breathalyzer or blood test results.
  • Disputing causation: Arguing that the death was not directly caused by impaired driving.
  • Procedural errors: Highlighting violations of your constitutional rights during the arrest or investigation.
  • Medical or environmental factors: Demonstrating how medical conditions, road conditions, or other factors contributed to the incident.

How Can A DUI Manslaughter Lawyer Help Me?

A DUI manslaughter lawyer provides critical support in the following ways:

  • Evaluating evidence to identify weaknesses in the prosecution’s case.
  • Negotiating plea deals to reduce charges or sentencing.
  • Representing you in court with a strong defense strategy.
  • Guiding you through the legal process and ensuring your rights are protected.

Their experience with complex DUI cases and knowledge of local laws can make a significant difference in the outcome of your case.

Can Charges Be Reduced Or Dismissed?

Yes! It is possible to have DUI manslaughter charges reduced or dismissed, but it depends on the specifics of the case. If evidence is insufficient or law enforcement made procedural mistakes, your lawyer may argue for lesser charges, such as vehicular homicide or reckless driving.

What Should I Do Immediately After Being Charged With DUI Manslaughter?

  • Contact a lawyer: Engage a DUI manslaughter lawyer as soon as possible.
  • Avoid self-incrimination: Do not speak to law enforcement without legal counsel.
  • Preserve evidence: Document any relevant details about the incident.

Protecting Your Rights After A DUI Manslaughter Charge

If you have been accused of DUI manslaughter, it’s important to have a lawyer as soon as possible. At Stechschulte Nell, we start working for you from the moment of your arrest, defending you in police interrogations and protecting your rights during the investigative process. We also mount a vigorous defense in court, fighting for your freedom. Contact us today for a consultation with an experienced Florida manslaughter lawyer.

DUI manslaughter lawyer in Tampa, Florida

DUI Manslaughter Law Glossary

When someone faces DUI manslaughter charges, they’re entering one of the most serious areas of criminal law. The consequences can last a lifetime, and understanding the legal terms involved can help clients prepare for the process ahead. As a Tampa, FL DUI manslaughter lawyer, we frequently work with clients who are unfamiliar with the legal landscape of these charges. To support informed decision-making, we’ve created this glossary page with key terms you’ll likely encounter during a DUI manslaughter case in Florida.

Felony DUI

A felony DUI involves impaired driving that results in serious outcomes, including injury or death. Unlike a misdemeanor DUI, which typically involves no injuries and lower penalties, a felony DUI carries much higher stakes. In Florida, DUI manslaughter is considered a second-degree felony, which means it could lead to up to 15 years in prison, along with a permanent revocation of driving privileges.

What distinguishes a felony DUI in these cases is the involvement of a fatal traffic incident while the driver’s blood alcohol concentration (BAC) exceeds the legal limit of 0.08%. If convicted, a person may also face a long period of probation following incarceration, and mandatory completion of substance abuse courses.

Implied Consent

Implied consent refers to the legal concept that by operating a vehicle on Florida roads, a driver has automatically agreed to submit to chemical testing if law enforcement suspects impairment. This includes breath, blood, or urine tests administered during or after a DUI arrest. Refusing to comply with these tests can result in additional charges and automatic license suspension.

In the context of DUI manslaughter, refusal to take a test could limit your defense options and may be used against you in court. Police officers must still follow protocol when administering these tests, and improper collection methods can sometimes be challenged in pretrial motions.

First Appearance Hearing

After a DUI manslaughter arrest in Hillsborough County, the first appearance hearing is the initial court session where a judge reviews the arrest and charges. This hearing usually takes place within 24 hours. Bail is not automatically granted in these cases, making it a critical step for the defense to argue for release conditions.

At this stage, having a lawyer present is vital. We argue for a bond that reflects the full circumstances of your situation and try to get you home to your family as soon as possible. Any mistakes during this hearing can lead to extended pretrial detention.

Plea Bargain

A plea bargain is an agreement between the defense and prosecution where the accused pleads guilty to a lesser charge in exchange for reduced sentencing. In DUI manslaughter cases, this might involve reducing the charge to vehicular homicide or a different felony with shorter sentencing guidelines.

These agreements can significantly affect the outcome of your case and are not decisions to take lightly. We thoroughly review each plea offer, considering not just the immediate consequences but also the long-term impact on your record, employment, and family life. Once accepted, plea deals are difficult to reverse, so our guidance here is especially important.

Chain Of Custody

The chain of custody documents the timeline and handling of physical evidence, from collection to presentation in court. In DUI manslaughter cases, this often includes toxicology reports, crash scene data, and dash cam footage. If any part of this chain is broken or improperly documented, that evidence could be excluded from the trial.

We examine the handling of all evidence to identify possible breaks in the chain. If there are inconsistencies, we challenge the credibility of the material presented. In many cases, these technical details can make a difference in the outcome, particularly when there are questions about the validity of blood alcohol readings or accident reconstruction data.

Having the right legal information can reduce uncertainty and improve your chances of a strong defense. At Stechschulte Nell, we use our experience as former prosecutors and current defense lawyers to advocate for our clients with focus and determination.

If you’ve been charged with DUI manslaughter in Tampa or surrounding areas, reach out to our team today. We’re ready to help protect your future and begin building your defense.

 

Stechschulte Nell, Tampa DUI Manslaughter Lawyer

1105 W Swann Ave, Tampa, FL 33606

Contact Our Tampa Defense Firm Today

Facing DUI manslaughter charges is a life-altering experience. Our Tampa DUI manslaughter lawyer from Stechschulte Nell can help you through this difficult time, build a strong defense and fight for the best possible outcome. If you or a loved one is in this situation, seeking legal guidance immediately is crucial. Contact our firm today to share your story and start building your best defense strategy.