Jacksonville DUI Manslaughter Lawyer
Florida DUI Manslaughter
DUI manslaughter in Florida is the most serious DUI offense. At First Coast Criminal Defense, we know that being charged with DUI Manslaughter in Florida can be a very serious and life-altering experience. A conviction can lead to a long prison sentence, tens of thousands of dollars in fines, and the permanent removal of your driving privileges. However, just because you've been charged with this crime, it doesn’t mean all hope is lost.
You still have an opportunity to fight for the most favorable outcome in court with the help of an experienced DUI manslaughter attorney in Jacksonville, FL. Our legal team at First Coast Criminal Defense will do our best to either get your entire case dismissed or your charges or penalties reduced.
Our team consists of two former prosecutors who had specialized in DUI cases, which means they can now help you navigate the complexities of the Florida criminal justice system and understand how the prosecution will approach your case, giving you a significant advantage in the courtroom.
What Is DUI Manslaughter in Florida?
In Florida, DUI Manslaughter is defined as driving a motor vehicle while under the influence of alcohol or drugs and causing the death of another person in the process.
DUI Manslaughter Florida Statute
In order to be convicted of DUI manslaughter under Florida DUI Manslaughter Statute 316.193(1) and (3)(c)(3), a person must operate or have “actual physical control” of a vehicle while under the influence of alcohol or drugs, and cause or contribute to someone else's death as a result.
Actual physical control is defined as being physically inside a vehicle and having the ability to drive it. The term is used to describe situations where a person is not necessarily driving, but still has the potential to do so. (For example, if you were found sitting in the driver's seat of a car with the keys in the ignition and the engine running, you could be charged with actual physical control, even if you were not actually driving the vehicle.)
It is important to note that the driver does not have to be convicted of DUI in order to be convicted of DUI manslaughter. The state must prove that the driver was impaired by alcohol or drugs and that the impairment caused the death of the other person.
DUI Manslaughter Sentence Florida
In Florida, DUI manslaughter is a second-degree felony, which carries a maximum of 15 years in prison and fines not exceeding $10,000.
However, if mitigating circumstances are evident, a judge may impose a “downward departure sentence” that is below the presumptively required prison term of 124 ½ months. Keep in mind, the state cap for a downward departure sentence is a mandatory minimum four-year sentence.
How Many Years for DUI Manslaughter?
The sentence for DUI Manslaughter in Florida depends on the circumstances of the case. However, it is a felony offense that is punishable by a minimum of 4 years in prison and a maximum of 15 years in prison.
Factors such as the driver’s prior criminal record, the severity of the crash, and the number of people killed can all influence the sentence imposed.
- No prior DUI or other criminal convictions - the minimum sentence is 4 years in prison.
- Prior DUI or criminal convictions - the minimum sentence may be increased up to 15 years in prison.
The defendant may be required to pay hefty fines and may be subject to other penalties, such as community service, alcohol education classes, and the installation of an ignition interlock device. The defendant may also be required to pay restitution to the victims and may have his or her driver’s license suspended or revoked.