Charged with DUI Manslaughter in Florida? Here’s What Happens Next

July 13, 2025

A DUI Fatality Charge Can Destroy Your Life Unless You Act Quickly and Secure Aggressive Legal Representation

If you've been arrested or are under investigation for DUI manslaughter in Florida, your entire future is on the line. These cases carry the weight of devastating penalties, public backlash, and lifelong consequences. The state will treat you as someone who caused a death through recklessness, even if the incident was a tragic accident. As someone who has defended many people in your position, I know that the key to protecting your freedom starts with fast, focused legal defense.

I have seen the state come down hard in these cases, especially when the media gets involved or the family of the deceased is pressuring prosecutors. This is not the time to hope things calm down on their own. Every hour you wait can hurt your defense.

What Is DUI Manslaughter in Florida?

Florida law defines DUI manslaughter as causing the death of another person while operating a motor vehicle under the influence of alcohol or a controlled substance.

Under Florida Statutes § 316.193(3)(c)(3), the offense is charged as a second-degree felony. The statute reads:

"A person who causes or contributes to the cause of the death of any human being or unborn child while driving under the influence… commits DUI manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

This charge requires two elements:

The driver was under the influence, and
That influence caused or significantly contributed to the death of another.

If you leave the scene of the crash, the charge is elevated to a first-degree felony under the same statute:

"A person who commits DUI manslaughter and who at the time of the crash knew, or should have known, that the crash occurred and failed to give information and render aid… commits a felony of the first degree."

This statute carries up to 30 years in prison if convicted. Without a private attorney actively dissecting the prosecution's case, the risk of a long prison sentence is very real.

What Happens Immediately After a DUI Manslaughter Arrest?

After the crash, investigators from law enforcement and possibly the Florida Highway Patrol or a local DUI task force will begin collecting evidence. You may have already submitted to a breath test or had your blood drawn at the hospital. Police will likely seize your phone, obtain crash data from your vehicle, interview witnesses, and prepare a warrant.

Once you are formally arrested, you will likely be held in jail with no immediate bond. Florida courts treat DUI manslaughter as a non-bondable offense in many counties unless you appear before a judge who sets a discretionary bond.

This is where having a private lawyer from the beginning makes a difference. I have appeared before judges in emergency bond hearings to argue for release, even in the most serious of cases. Public defenders don't always have the bandwidth or access to the necessary crash experts to challenge the facts at this early stage.

Penalties for DUI Manslaughter in Florida

If convicted of DUI manslaughter, you are facing a second-degree felony with a mandatory minimum prison sentence.

Minimum prison term: 124.5 months (just over 10 years)
Maximum sentence: 15 years for second-degree felony, 30 years for first-degree felony
Fine: Up to $10,000
Driver's license: Permanent revocation
Adjudication: You will be adjudicated guilty, and the felony cannot be sealed or expunged

These consequences extend beyond the criminal courtroom. A felony DUI manslaughter conviction can destroy your ability to work, get housing, travel, and maintain relationships.

That's why it's not enough to just hope for the best or rely on a court-appointed attorney who may be handling dozens of cases at once. You need someone who can take the time to study the crash report, evaluate toxicology results, and retain accident reconstruction experts immediately.

Real Case Example: Client Avoids Prison Despite DUI Manslaughter Charge

I once defended a client in central Florida who was charged with DUI manslaughter after a single-vehicle crash resulted in the death of his friend, a passenger in his car. The Florida Highway Patrol reported that my client failed to maintain control of the vehicle and struck a tree. His blood alcohol content was measured at 0.12%.

The case looked open and shut. But we got to work immediately. We obtained the full vehicle inspection report and uncovered that the steering mechanism was defective due to prior, unaddressed manufacturer recalls. We also located surveillance footage from a nearby business that revealed a different version of events than what officers described.

Toxicology results were questioned by a retained forensic expert who found errors in the chain of custody. And most importantly, we filed a motion to suppress the blood draw, which we argued was obtained without proper consent.

After multiple hearings and negotiations, the State Attorney agreed to reduce the charge to reckless driving causing death. The client served probation and avoided prison altogether. If we had not been aggressive from day one, that man would be serving a 15-year sentence today.

Possible Defenses in DUI Manslaughter Cases

Every case is different, but the following defenses can be powerful when raised effectively by a private defense attorney:

No Causal Link to the Death

Even if you were impaired, the prosecution must prove that your impairment caused the death. If the crash would have occurred regardless, you may have a defense. We often use accident reconstruction experts to challenge the cause of death.

Improper Blood Draw

Florida law requires strict procedures for blood alcohol testing. If your blood was drawn without a warrant or valid consent, that evidence may be suppressed. Without BAC evidence, the State's case can fall apart.

Alternative Driver Theory

In some crashes, it may not be clear who was driving. If there's any ambiguity about who was behind the wheel, we raise that as a defense and push the State to prove it beyond a reasonable doubt.

Invalid Field Sobriety or Breath Test

If roadside tests were improperly administered or if the breathalyzer was not properly calibrated, the results may be inadmissible. I've had cases dismissed because faulty equipment was used.

These defenses take time, resources, and independent investigation. That's why hiring a private criminal defense lawyer is critical. I build these defenses early, before the State locks in their theory of the case.

Why You Should Never Face a DUI Manslaughter Charge Alone

This is not a typical DUI. Prosecutors are under pressure from victims' families and sometimes the media. They often seek maximum sentences. DUI manslaughter is treated almost like second-degree murder in terms of sentencing guidelines and stigma.

Court-appointed attorneys rarely have access to expert witnesses or independent crash analysts. They're also often too overwhelmed to challenge forensic evidence or file timely motions to suppress critical evidence.

When you hire me as your defense attorney, I take control of the investigation. I challenge every assumption the State is making. I secure cell tower records, traffic camera footage, vehicle data, medical records, and more. I've defended clients across Florida in DUI manslaughter cases and know how to attack the prosecution's case with precision.

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.

Frequently Asked Questions About DUI Manslaughter in Florida

Can I be charged with DUI manslaughter if I wasn't drunk but had medication in my system?

Yes. Florida law includes not only alcohol but also controlled substances and prescription drugs that impair your normal faculties. If prosecutors believe the medication contributed to the crash, they may still charge you with DUI manslaughter, even if your BAC was below the legal limit.

What's the difference between DUI manslaughter and vehicular homicide?

DUI manslaughter involves impairment from alcohol or drugs. Vehicular homicide requires reckless driving but no substance impairment. Both are serious felonies, but DUI manslaughter has mandatory minimum prison time if convicted.

Will I automatically go to prison if convicted?

Not always, but it's likely. Florida's sentencing guidelines recommend more than 10 years in prison for DUI manslaughter. However, I've had cases resolved with no jail or significantly reduced penalties. The outcome depends heavily on the facts and the quality of your legal defense.

Can the charge be reduced to a lesser offense?

It's possible. With strong evidence, we may convince the prosecution to reduce the charge to reckless driving causing death or even a DUI with no enhancement. Plea negotiations depend on the strength of the case and how early we intervene.

What happens to my driver's license after a DUI manslaughter charge?

If convicted, your license will be revoked permanently. You may not be eligible for hardship reinstatement for years, if at all. However, if charges are dismissed or reduced, it may be possible to preserve or eventually restore your driving privileges.

Can a DUI manslaughter charge be expunged in Florida?

No. Florida law does not allow the expungement or sealing of a DUI manslaughter conviction. This makes it critical to fight the charge before a conviction occurs. A dismissal, acquittal, or plea to a lesser charge could protect your record.

Should I cooperate with the police after the accident?

You have the right to remain silent, and I always advise using it. The statements you make immediately after the crash, especially while in shock, can be misinterpreted and used against you. Let your attorney handle all communication going forward.

What if the deceased's family is pushing for harsh punishment?

Victim impact plays a large role in these cases, but prosecutors must still prove guilt beyond a reasonable doubt. I handle all communications with prosecutors and ensure your rights are protected. We focus on the facts, not emotions.

How much does a private DUI manslaughter defense cost?

It depends on the complexity of the case, but defending against a felony that could send you to prison for 15 to 30 years is not something to bargain over. Our firm works with families on payment plans when needed because having strong legal representation is not optional in these cases.

Can you help me get released from jail while awaiting trial?

Yes. I file motions for bond and argue for pretrial release conditions that allow you to be home while fighting the charges. I also argue against no-bond holds when appropriate, depending on the facts of your case.