Facing a DUI Manslaughter charge in Florida is an exceptionally serious situation, with potentially life-altering consequences. Florida Statute 316.193 outlines the severe penalties associated with this second-degree felony. At Lockett Law, we understand the complexities of these cases and are committed to providing a robust defense. It’s crucial to understand that even when tragedy occurs, your rights must be protected, and a thorough investigation is essential.
Understanding Florida’s DUI Manslaughter Statute
Florida Statute 316.193(3) defines DUI Manslaughter as causing the death of another human being while operating a vehicle under the influence of alcohol or drugs. To convict someone of DUI Manslaughter, the prosecution must prove beyond a reasonable doubt that:
- The defendant was driving or in actual physical control of a vehicle.
- The defendant was driving or in actual physical control of a vehicle. The defendant was under the influence of alcohol or drugs to the extent that their normal faculties were impaired, or had a blood or breath alcohol level of 0.08 or higher.
- The defendant’s impairment caused or contributed to the victim’s death.
It’s important to note that ‘actual physical control’ can be a point of contention. Even if the vehicle wasn’t moving, if the defendant had the means to operate it, they can be charged. Furthermore, the prosecution must establish a direct causal link between the defendant’s impairment and the victim’s death.
Penalties for DUI Manslaughter in Florida
DUI Manslaughter is a second-degree felony in Florida, carrying severe penalties:
- Up to 15 years in state prison.
- Up to $10,000 in fines.
- Mandatory revocation of driver’s license.
- Restitution to the victim’s family.
These penalties can be enhanced if aggravating factors are present, such as a high BAC or prior DUI convictions. Additionally, the emotional and social consequences of a DUI Manslaughter conviction can be devastating.
Key Defense Strategies in a DUI Manslaughter Case
Defending against a DUI Manslaughter charge requires a meticulous and comprehensive approach. At Lockett Law, we explore every possible defense strategy:
Challenging the Causation
- A critical aspect of DUI Manslaughter defense is challenging the prosecution’s claim that the defendant’s impairment directly caused the victim’s death. We thoroughly investigate the accident scene, analyze accident reconstruction reports, and examine all contributing factors. It is possible other factors contributed to the accident. Road conditions, actions of other drivers, or even the victim’s own actions can be relevant.
- We may employ expert witnesses, such as an accident reconstructionist, to provide alternative explanations for the accident.
Challenging the Validity of Blood or Breath Tests
- The accuracy of blood or breath tests is paramount in DUI cases. We scrutinize the testing procedures, equipment calibration, and the qualifications of the personnel involved. Any deviation from established protocols can render the test results inadmissible.
- Medical conditions can also effect test results. We will investigate any possible medical conditions that could have altered the test results.
Questioning the Legality of the Traffic Stop and Arrest
- If the initial traffic stop or arrest was unlawful, any evidence obtained thereafter may be suppressed. We meticulously review the circumstances surrounding the stop to identify any violations of the defendant’s constitutional rights.
- Officers must have probable cause to make an arrest. If that probable cause is not present, the arrest is illegal.
Examining Field Sobriety Tests
- Field sobriety tests are subjective and can be influenced by various factors. We analyze the officer’s administration of these tests and identify any inconsistencies or errors.
Mitigating Circumstances
- Even when guilt is established, we present any relevant mitigating circumstances to the court to seek a more lenient sentence. Factors such as the defendant’s character, remorse, and contributions to the community can be considered.
The Importance of Expert Witnesses in a DUI Manslaughter Case
DUI Manslaughter cases often involve complex scientific and technical evidence. We collaborate with a network of expert witnesses, including:
- Accident reconstructionists.
- Forensic toxicologists.
- Medical experts.
These experts provide invaluable testimony and analysis to challenge the prosecution’s evidence.
DUI Manslaughter Defense Lawyer in Orlando, FL
A DUI Manslaughter charge is a legal battle that demands experienced and aggressive representation. At Lockett Law, we are dedicated to protecting your rights and providing you with the strongest possible defense. In these tragic cases, the importance of knowing your rights and understanding the law cannot be overstated. Remember, ‘Know Before You Blow’ isn’t just a slogan; it’s a critical principle that applies to every aspect of a DUI case, especially one as serious as DUI Manslaughter. If you or a loved one is facing DUI Manslaughter charges in Florida, contact us immediately for a free, confidential consultation.