Both driving while intoxicated and vehicular homicide are serious criminal offenses, but when you combine both criminal acts into one crime, the penalties and collateral damage produced are far greater. In Florida, this is known as DUI Manslaughter.
A person charged with DUI manslaughter faces a plethora of consequences including a lengthy prison sentence, costly fines, and the possibility of losing their driving privileges for the remainder of their life. As you can see, being charged with DUI manslaughter is no laughing matter and should be taken very seriously.
A person faced with these allegations or any DUI related offense needs the immediate assistance of an experienced Miami DUI defense attorney with a proven track record of success.
DUI Manslaughter Defense Attorney in Miami, Florida
If you have been arrested for DUI manslaughter or feel that you may be under suspicion of causing the death of another person while you were driving intoxicated, you need the immediate counsel of an experienced Miami, Florida DUI criminal offense attorney.
Attorney Hoffman has provided effective legal counsel to clients faced with charges of driving while intoxicated, first DUI, intoxicated manslaughter, DUI manslaughter, DUI resulting in serious bodily injury, DUI with property damage, and a variety of other drunk driving offenses.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to provide excellent legal representation to clients throughout Miami-Dade County, Florida, including but not limited to Aventura, Miami Beach, Miami Gardens, South Miami, Coral Gables, and Sunny Isles Beach.
At The Hoffman Firm, we believe that no case is too big nor too small for us to handle. We are ready to fight for your rights. Contact us today at (305) 249-0090 or submit an online contact form to receive your free initial legal consultation and have your case expediently reviewed by our talented team.
Florida DUI Manslaughter Information Center
- What is DUI Manslaughter?
- What are the Penalties for DUI Manslaughter?
- What is General DUI Manslaughter?
- What is DUI Manslaughter – Leaving the Scene?
- Qualifying for Hardship License Reinstatement
- Florida DUI Manslaughter Resources
Pursuant to Florida Statute 316.193, a person that was driving while under the influence of alcohol or a controlled substance, or the combination of both, and was involved in a vehicular accident which caused the death of another human being or unborn child, has committed the offense of DUI manslaughter.
In order to prove that a person has committed the criminal offense of DUI manslaughter, the prosecution must prove the following:
- The Defendant was Driving or in Physical Control of the Vehicle,
- The Defendant's Normal Faculties were Impaired,
- The Defendant's Impairment was Caused by Consuming a Controlled Substance, or
- The Defendant's Impairment was Caused by BAC Above the Legal Limit (0.08 or above), and
- The Defendant's Actions Caused or Contributed to the Death of Another Human Being or an Unborn Child
As an enhanced form of DUI, the penalties imposed on a person convicted of DUI manslaughter will be substantially more severe, even if this is their first DUI offense.
In addition, the circumstances surrounding the criminal act and the actions the defendant took after the vehicular accident occurred will play a huge role in their case. This is because two major forms of DUI Manslaughter exist in Florida. These are:
- DUI Manslaughter, and
- DUI Manslaughter – Leaving the Scene
Any person that was driving while under the influence of alcohol or a controlled substance and was involved in a vehicular accident which resulted in the death of another person faces the following consequences:
- Second Degree Felony Conviction,
- Up to $10,000 fine,
- Up to 15 years in Prison, and
- Up to 15 years of Probation
Florida law requires a person involved in a fatal car accident to stay at the scene of the accident and render aid. A person can meet this requirement by notifying law enforcement of the accident and by providing "reasonable" assistance.
The term "reasonable assistance" is evaluated by the courts on a case by case basis. If law enforcement has reason to believe that you fled the scene or failed to provide reasonable aid, you could face charges of leaving the scene.
A driver that is convicted of DUI Manslaughter – Leaving the Scene would be faced with the following consequences:
- First Degree Felony Conviction,
- Up to $10,000 fine, and
- Up to 30 years in Prison
A person that is convicted of DUI Manslaughter and does not have any prior DUI related convictions may be eligible for hardship reinstatement of their license after a period of five (5) years and after fulfilling the following circumstances:
- Applicant has not been arrested for a drug-related offense in the five (5) years prior to the hearing,
- Applicant has not driven a motor vehicle without a license in the five (5) years prior to the hearing,
- Applicant has been alcohol and drug-free for at least five (5) years prior to the hearing,
- Applicant completed DUI School and is supervised under the DUI program for the remainder of the revocation period, and
- Applicant has ignition interlock device installed in his or her vehicle for a period of two (2) years.
United States Drug Enforcement Administration – Visit this website to acquire statistics concerning impaired driving and methods used by the Drug Enforcement Agency to prevent drunk driving accidents from occurring on roadways throughout the United States.
Mothers Against Drunk Driving – Visit this website to obtain more information regarding the organization MADD, formally known as Mothers Against Drunk Driving, and their diligent efforts to reduce incidents of drugged driving throughout the nation by providing substance abuse information and encouragement.
DUI Manslaughter Attorney in Miami
If you have been arrested for DUI manslaughter, DUI with serious bodily injury, or any other DUI offense, you need the immediate assistance of an experienced Miami criminal defense attorney to help preserve your case.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to provide superb legal representation to clients throughout the entire Miami-Dade County, Florida area, including Miami Beach, Coral Gables, Aventura, and Homestead.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to receive your free initial consultation and have an experienced Miami-Dade County criminal defense attorney review your case so we can begin protecting your freedom.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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