In Florida, driving under the influence (DUI) is a serious offense with a potentially life-changing impact. However, when a DUI involves the death of another person, the legal consequences are much more severe. DUI manslaughter is an extremely grave charge that combines the recklessness of driving under the influence with the tragic outcome of causing a fatality.
At Stechschulte Nell, Attorneys at Law in Tampa, we have extensive experience defending drivers accused of DUIs involving accidents, serious bodily injuries, and deaths. The human stakes in these cases are among the highest any defendant will face in the Florida criminal justice system. In this article, we explain the complex law and procedures involved in a DUI manslaughter case in Florida.
What is DUI Manslaughter?
In Florida, DUI manslaughter occurs when a person who is operating a vehicle while under the influence of alcohol, drugs, or both, causes an accident that results in the death of another person. This includes passengers in the driver’s vehicle, occupants of other vehicles, and pedestrians. The law does not distinguish between unintentional deaths and those resulting from gross negligence. Instead, the fact that the driver is accused of DUI automatically elevates the seriousness of the incident.
A word about “intent” is useful here. No DUI driver intends to harm another person, let alone cause their death. Many people think this lack of intent should mitigate or lessen their punishment. But the law considers the decision to drive under the influence of alcohol or drugs so reckless that the driver’s disregard for the life or safety of others substitutes for the criminal intent.
Legal Thresholds for DUI
In Florida, a driver is legally considered to be under the influence if they have a blood alcohol content (BAC) of 0.08% or higher. For drivers of commercial vehicles, the threshold is even lower, at 0.04%. Importantly, a Florida driver can still be charged with DUI below these BAC levels if it can be demonstrated that their normal faculties were impaired by alcohol or drugs. In the absence of a breathalyzer test, or if the test resulted in a low alcohol reading, other evidence can be offered to prove that a chemical substance impaired their normal faculties, preventing them from driving safely.
Penalties for DUI Manslaughter
The penalties for DUI manslaughter in Florida reflect the seriousness of causing a death. DUI manslaughter is classified as a second-degree felony, which can lead to substantial prison time, among other penalties.
- Prison Sentence: The standard sentence for DUI manslaughter is up to 15 years in prison. However, if the driver is convicted of leaving the scene of the accident (a hit-and-run), the charge is elevated to a first-degree felony, which can result in up to 30 years in prison.
- Fines: Conviction can also carry fines of up to $10,000 for a second-degree felony and up to $15,000 for a first-degree felony.
- Driver’s License Revocation: Drivers convicted of DUI manslaughter will have their driver’s license permanently revoked. They can apply for a hardship reinstatement after 5 years, but this is not guaranteed and requires meeting specific conditions.
- Other Penalties: Other serious consequences also occur with a DUI manslaughter charge. These include a driver’s vehicle being impounded, the installation of an ignition interlock device upon any reinstatement of driving privileges, and mandatory completion of a DUI substance abuse course. Community service, probation, and restitution to the victim’s family for damages and losses are also imposed.
Read More > Florida DUI Manslaughter Penalties
The Importance of an Experienced DUI Manslaughter Defense Lawyer
Since a DUI charge is at the heart of the case, the criminal defense lawyer you choose must be someone with many years of courtroom experience handling DUI and other alcohol or drug-related driving offenses. DUI defense involves almost as much science as it does law, requiring your defense lawyer to understand the technical aspects of many issues.
Crucial topics your attorney must know about include the way a human body metabolizes alcohol and drugs, how the Standardized Field Sobriety Tests are intended to be administered, how to show that an improperly administered SFST yields unreliable results, how breathalyzer equipment functions, and why its testing and calibration are important.
Attorney Ben Stechschulte spent many years prosecuting and defending DUI charges, enabling him to provide accurate and reliable advice, represent the accused’s interests throughout the legal process, and potentially negotiate for lesser charges or penalties in an appropriate case, depending on the specifics of each case.
Defense Strategies in DUI Manslaughter Cases
The best defense attorneys use several strategies to challenge DUI manslaughter charges, such as questioning the accuracy of BAC testing, disputing the defendant’s level of impairment, or arguing that the driver’s impairment did not cause or contribute to the decedent’s death. Each case is unique, and the defense strategy will depend on the specifics of the incident and the evidence available.
The Impact of a Conviction
Beyond the legal penalties, a DUI manslaughter conviction carries lasting personal and social consequences. Convicted individuals will face difficulties in finding employment, loss of professional licenses, and significant personal and family strain. Overcoming the social stigma attached to such a conviction can become a lifelong challenge.
DUI manslaughter in Florida is met with stringent penalties that reflect the tragic loss of life involved. Knowing the legal consequences of DUI manslaughter conviction can underscore the importance of responsible driving behaviors and the profound impact that impaired driving can have on lives and communities. No one wants to be responsible for another person’s death.
But life is not always predictable, and even the best people who have the most charitable backgrounds can find themselves charged with DUI manslaughter after making a few poor decisions. For those facing such charges, hiring the most experienced DUI defense lawyer is critical if they are to go through the complex legal proceedings with the best chance of maintaining their pre-charge life. Give Stechschulte Nell, Attorneys at Law a call at 813-280-1244.
