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Florida takes all types of DUI very seriously and imposes strict penalties for anyone who is convicted. The Sunshine State is particularly harsh with a drunk driver that’s responsible for the death of one or more parties, including an unborn child. This charge is known as DUI Manslaughter.
Florida Statutes Section 316.193(3)(c)(3)(a) defines the charge when a person is in control of and driving a vehicle while under the influence of either alcohol or other substances to the point where their faculties are significantly impaired.
This includes a breath or blood alcohol content (BAC) of .08 or more. Should the driver directly or indirectly cause the death of another person, they have committed DUI manslaughter, which is a second-degree felony. Failing to render aid, leaving the scene of the accident, or offering false information following the crash upgrades the charge to a first-degree felony.
A person “in control of a vehicle” may not be driving it at the time, but has the ability to operate it, even if they aren’t doing so at the time.
DUI manslaughter is considered a violent crime, because it led to a fatality, even if you had no intent to hurt anyone. Florida punishes anyone convicted of a violent crime more harshly, especially with a death involved.
Most DUI is generally charged as a misdemeanor. But if an accident involving a drunk driver involves a fatality, that charge becomes a second-degree felony, leading to:
• Jail time of up to 15 years in a detained prison
• Fines of up to $10,000
• Probation of up to 15 years
Florida’s minimum mandatory sentence is four years, and can include additional sanctions such as:
• Revocation of driver’s license and all driving privileges
• Impounding of any vehicles
• Evaluation and attendance for alcohol and substance abuse program (DUI school) and treatment
• Community service
Every case is different, and much depends on the individual circumstances.
If you are stopped and charged with DUI, do not speak with the police until you have your lawyer present. Ask for one immediately and do not say anything until you are in the presence of an attorney. If someone was injured or killed in an accident involving a DUI driver, things are much more serious and you need to be advised early on about your rights and protections under the law.
DUI Manslaughter is a very serious charge with long-reaching consequences. You should not attempt to represent yourself or waive your right to legal counsel.
If you are facing charges of DUI Manslaughter, a strong defense with aggressive representation is extremely important. Attorneys like Adam Farkas and Jacqueline Crowley are experienced criminal defense attorneys ready to defend you against Florida DUI charges. Our number is (561) 444-9529.
If you have been charged with a DUI in West Palm Beach or the Palm Beach County area, contact Farkas and Crowley P.A. today.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
Mon - Fri: 9 am – 5 pm
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
