DUI Manslaughter in Florida is defined as causing the death of another person while driving under the influence of drugs or alcohol. It is a second-degree felony, with a mandatory minimum of four years in prison. The maximum sentence is 15 years in prison, plus 15 years of probation and a fine of up to $10,000.
It is a serious charge and one that the state tends to pursue aggressively. A proper defense must be equally aggressive to ensure that prosecutors are not overstepping their authority in their zeal for a conviction. The Orlando Criminal Defense Attorneys at the Rivas Law Firm fight passionately to protect the defendant’s rights in criminal cases. If you or a loved one is facing DUI Manslaughter charges in Florida, call us at 407-644-2466 or contact us online for a free consultation.
Florida DUI Manslaughter Defense
In order to convict someone of DUI Manslaughter charges, a prosecutor has got to prove that a driver:
- Operated or had actual physical control of a vehicle.
- Was under the influence of an alcoholic beverage, with a blood alcohol concentration (BAC) of at least .08, or was impaired by a chemical or controlled substance.
- Caused the death of another person or unborn child, either directly or indirectly.
It’s very important to remember that police and prosecutors have to be able to prove their case beyond a reasonable doubt – and to do so while acting within procedural law. A good defense attorney will challenge every vulnerable aspect of the prosecution case. The first step in aggressively defending against the charge is to conduct a thorough pre-trial investigation.
Since the question of impairment is critical, we will review the steps police took that led to your arrest. Breathalyzers must be calibrated and certified to be within industry standards and regulations. Furthermore, sobriety tests must follow strict rules and regulations. Failing to adhere to the requirements can result in unreliable test data. A documented chain-of-custody for blood samples must be maintained as well. While it doesn’t happen often, judges sometimes rule that sobriety test results are inadmissible.
We will check that police conducted their investigation properly. Did the police have probable cause to pull you over or good reason to search your vehicle? Did the officer read you your rights? Can the state prove that the death resulted from your actions?
Fighting for the Best Possible Outcome
An experienced criminal attorney can help you avoid the worst consequences of a DUI Manslaughter charge by developing a comprehensive defense strategy. Prosecutors in South Florida recently dropped manslaughter charges against a woman involved in a fatal crash. It takes a lawyer who is passionate about the law and a defendant’s rights. The Rivas Law Firm’s Orlando criminal defense attorneys fight hard to protect the rights of defendants in criminal cases. For a free consultation, call 407-644-2466 or contact us online if you or a loved one face DUI Manslaughter charges in Florida.
