Understanding How DUI Manslaughter Charges Work Without Chemical Evidence

If you're being investigated or have already been charged with DUI manslaughter in Florida, and there was no breath or blood test, you're likely wondering how prosecutors can move forward without that kind of evidence. As a criminal defense attorney who has handled DUI manslaughter cases across Florida, I can tell you this: yes, you can be charged, and even convicted, of DUI manslaughter without a breath test.

The law allows prosecutors to use circumstantial evidence, witness statements, police observations, field sobriety tests, and accident reconstruction to support these charges. That's why it's so important to have a private defense lawyer who knows how to attack every part of the case. You're not just facing a traffic charge. You're facing a second-degree felony, up to 15 years in prison, and a lifetime criminal record.

Florida's DUI Manslaughter Statute Explained

The statute governing DUI manslaughter in Florida is Florida Statutes §316.193(3)(c)(3). It reads:

"Any person who causes or contributes to causing the death of any human being… while driving under the influence of alcoholic beverages, chemical substances, or controlled substances… is guilty of DUI manslaughter, a felony of the second degree."

Under this law, the prosecution does not have to prove a specific blood or breath alcohol level. The statute is written broadly enough to allow conviction based solely on impairment.

In fact, Florida Statute §316.193(1)(a) allows the State to prove DUI if the driver is:

"Affected to the extent that the person's normal faculties are impaired."

That can be shown by how the person was driving, how they appeared to police, or how they performed on field sobriety exercises. Without a breath test, prosecutors often rely entirely on officer observations and circumstantial factors.

What the State Must Prove Without a Breath Test

If the prosecution does not have a breath or blood test, they still must prove four things beyond a reasonable doubt:

  1. You were in actual physical control of a vehicle
  2. You were impaired by alcohol or drugs
  3. Your driving caused or contributed to the death of another person
  4. The death occurred as a result of that impaired driving

When there's no chemical test, they often use:

  • Eyewitness testimony about your driving
  • Officer observations like slurred speech, red eyes, or the smell of alcohol
  • Video of field sobriety tests
  • Surveillance footage from nearby businesses or traffic cameras
  • Accident reconstruction showing you were at fault

The absence of a breath test doesn't stop prosecutors. But it opens up areas to challenge the case that only a dedicated defense lawyer will take the time to investigate fully.

Real Case Example: DUI Manslaughter Reduced to Reckless Driving

A client of mine was involved in a fatal crash in Lee County. He rear-ended a vehicle at a red light late at night, and the other driver died on impact. The officers claimed he smelled of alcohol and had glassy eyes. They tried to administer field sobriety tests, but he had a knee injury and declined. He also refused a breath test at the scene.

He was arrested and charged with DUI manslaughter. The case made local headlines. The State relied heavily on officer testimony and vehicle crash reconstruction to show he was intoxicated and caused the crash.

We immediately began investigating:

  • We subpoenaed medical records to show he had a history of eye issues and had taken allergy medication that day.
  • We located witnesses at the bar who stated he only had one drink hours before the accident.
  • Our accident reconstruction expert determined the other vehicle had a brake light out, and our client had no time to stop.
  • The refusal of the breath test was legal, and no blood was drawn without a warrant.

We challenged the officer's probable cause and filed a motion to suppress. Ultimately, the State agreed to reduce the charge to reckless driving with adjudication withheld, no prison, and no felony conviction. That result saved his career and his future.

Defenses to DUI Manslaughter Without a Breath Test

These cases are not as open-and-shut as the State wants you to believe. When no chemical evidence is available, the case becomes highly dependent on interpretation. Here are just a few defenses that we raise:

Actual Impairment Not Proven

The State must show actual impairment, not just that you were in a crash. Without a breath test, they're relying on observations like "bloodshot eyes" or "odor of alcohol," which can be challenged.

Field Sobriety Tests Were Improperly Administered

Many officers do not follow proper procedures or fail to consider medical conditions that affect performance. We can challenge whether the results are reliable.

The Crash Was Not Your Fault

Even if you were impaired, the State must still prove that you caused or contributed to the death. If the other driver ran a red light, made a sudden U-turn, or failed to yield, we can use that to defeat the charge.

Unlawful Arrest or Evidence Collection

Without a breath test, officers may try to push for blood draws or rely on invalid search warrants. We scrutinize every step they took, and if anything was improper, we move to suppress the evidence.

These defenses require immediate investigation, expert witnesses, and aggressive pretrial motions. A court-appointed attorney may not have the time or resources to do all of this. That's why hiring a private DUI defense attorney early is so important.

Why a Private DUI Manslaughter Attorney Makes a Difference

DUI manslaughter charges without a breath test often become battles of perception and interpretation. That's why you need someone who can control the narrative and present your version of events backed by evidence, not assumptions.

At my firm, we bring in:

  • Accident reconstruction experts
  • Medical experts to challenge field observations
  • Toxicologists who can explain how alcohol does or doesn't affect behavior
  • Private investigators to track down helpful witnesses
  • Legal teams to draft and argue motions that challenge the admissibility of the State's evidence

We do more than react. We build a proactive defense that challenges everything the prosecution relies on. This kind of defense doesn't happen by accident. It happens because a private attorney treats your case like it's the only one that matters.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida DUI Manslaughter Frequently Asked Questions (FAQs)

Can I be convicted of DUI manslaughter without a breath test?

Yes. Florida law allows prosecutors to use other forms of evidence, including officer observations, witness statements, and crash data. The absence of a breath test doesn't stop them, but it does give your attorney opportunities to challenge the reliability of the evidence.

What are the penalties for DUI manslaughter in Florida?

DUI manslaughter is a second-degree felony punishable by up to 15 years in prison, with a mandatory minimum of 4 years under Florida Statute §316.193(3). It also carries a permanent license revocation, high fines, and mandatory probation upon release.

Can I refuse a breath test and avoid evidence being used against me?

You have the right to refuse a breath test, but that refusal can be introduced in court as consciousness of guilt. However, it also deprives the State of key evidence, which a good attorney can use to your advantage.

Is field sobriety testing required in Florida?

No. Field sobriety tests are voluntary. You can legally refuse them, and many people do. If you performed poorly because of a medical condition or anxiety, we can use that as part of your defense.

What happens if the police didn't get a warrant for a blood draw?

Any blood draw without consent or a warrant may be unlawful under the Fourth Amendment. If blood was taken without proper legal authority, we can file a motion to suppress the evidence and potentially get the entire case dismissed.

Do I automatically lose my license for DUI manslaughter?

If convicted, your license will be permanently revoked. If you have not yet been convicted, your lawyer can challenge the administrative suspension and may be able to get you a hardship license depending on your record.

How can accident reconstruction help my case?

Reconstruction experts can show that the other driver may have caused or contributed to the crash, which can defeat one of the key elements of DUI manslaughter. These experts often make the difference between a conviction and a favorable outcome.

Can I be charged if the death was just an accident?

Yes, if prosecutors believe you were impaired and contributed to the crash. But if your driving was not the cause, or if you were not truly impaired, we can push back hard on the charges.

What if I had prescription drugs in my system?

Even legally prescribed medication can lead to a DUI manslaughter charge if the State believes it impaired your faculties. That doesn't mean you're guilty. We bring in medical experts to show proper use and lack of impairment.

What should I do right after a fatal crash if alcohol is suspected?

Do not answer questions. Ask for your attorney immediately. Anything you say, even at the scene, can be used against you. Preserve your right to remain silent and let a defense lawyer take over right away.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.