DUI manslaughter is the Florida charge when an impaired driving case involves a death. It is a second degree felony with a 4 year minimum mandatory prison term and a 15 year maximum, rising to a first degree felony if the driver did not give information or render aid.
The elements behind a DUI manslaughter charge
DUI manslaughter starts with the same foundation as any DUI: the state must establish impairment of normal faculties by alcohol or a chemical or controlled substance, or a breath or blood alcohol level of 0.08 or higher. What makes it manslaughter is a death connected to the impaired driving.
These cases usually begin with a serious crash rather than a routine stop, and the investigation reflects that. Blood tests are used in some cases, including when a breath test is not possible, which can be the situation after a serious crash. The collection, handling and lab procedures for any blood sample can all be reviewed by the defense.
The sentencing range Florida sets
DUI manslaughter is a second degree felony. It carries a minimum mandatory sentence of 4 years in prison, which the court cannot go below, and a 15 year maximum.
If the driver failed to give information or render aid, the charge becomes a first degree felony, raising the maximum to 30 years. Within those limits, the sentence is calculated using the Criminal Punishment Code scoresheet.
Where the defense typically focuses
Defense work in a DUI manslaughter case usually centers on two broad questions: whether the state can establish impairment, and how the crash actually happened. The second can involve reconstruction evidence, vehicle data, road and weather conditions, and the actions of everyone involved.
On the impairment side, the review covers the testing procedure, the handling of any blood sample from collection to lab, the lab methods, and the officers' observations. If evidence was obtained unlawfully, a motion to suppress can ask the court to exclude it.
Florida allows depositions in criminal cases, which gives the defense the chance to question witnesses, investigators and analysts under oath before trial.
Consequences that follow a DUI manslaughter conviction
A DUI manslaughter conviction is a felony conviction, and it carries the lasting effects of felony status in addition to the prison sentence. Like every DUI conviction in Florida, it cannot be sealed or expunged, and courts cannot withhold adjudication.
Because the evidence in these cases is technical and often gathered in the hours after a crash, the defense review depends on obtaining the full discovery, including reports, test results and reconstruction materials. DUI Lawyers Shield Firm offers a free case review for people facing this charge.
Keep reading
- Felony DUI in Florida: When a DUI Becomes a Felony Charge
- Second DUI in Florida: The Escalating Penalties
- Third DUI in Florida: Why It Can Be Charged as a Felony
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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