Understanding the Legal Distinctions and How the Right Defense Can Change the Outcome
If you've been accused of DUI manslaughter or vehicular homicide in Florida, you're likely facing one of the most serious moments of your life. These charges can carry decades in prison and will impact your future in ways that go beyond time behind bars. As a Florida criminal defense attorney who has handled many of these cases, I want to explain how these two charges differ, how they are prosecuted, and how a strong defense can make a real difference. These cases demand early and aggressive legal representation. Public defenders, while hardworking, are often too overwhelmed to devote the time and resources necessary to properly dissect complex crash investigations. A private attorney can focus entirely on your defense and bring in crash reconstructionists, forensic experts, and medical professionals to challenge the government's evidence.
What Is DUI Manslaughter in Florida?
Florida Statute § 316.193(3)(c)(3) defines DUI manslaughter. This charge applies when a person drives under the influence and, as a result, causes the death of another person or an unborn child.
Statute Text:
"A person who causes or contributes to causing the death of any human being or unborn child while driving under the influence… commits DUI manslaughter, a felony of the second degree."
To secure a conviction, the prosecution must prove three things:
- The driver was under the influence of alcohol or drugs to the extent their normal faculties were impaired, or their blood alcohol content (BAC) was 0.08 or higher.
- The driver was in actual physical control of a vehicle, and
- The DUI caused or contributed to a death.
Penalties include up to 15 years in prison and a $10,000 fine. If the driver failed to render aid or fled the scene, the charge becomes a first-degree felony, punishable by up to 30 years.
As your defense attorney, I look at whether the BAC result was accurate, whether the blood draw followed legal protocols, and whether the DUI was truly the cause of the fatality. A crash can occur for many reasons unrelated to impairment, such as mechanical failure, road conditions, or the other driver's behavior.
What Is Vehicular Homicide in Florida?
Florida Statute § 782.071 defines vehicular homicide. This charge doesn't require the driver to be impaired. Instead, it focuses on reckless driving.
Statute Text:
"Vehicular homicide is the killing of a human being, or the killing of an unborn child… caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
Vehicular homicide is also a second-degree felony, but like DUI manslaughter, it becomes a first-degree felony if the driver leaves the scene.
The key difference is that DUI manslaughter requires proof of impairment, while vehicular homicide hinges on proof of reckless driving. Recklessness means more than just carelessness. It requires showing that the driver consciously disregarded known risks, like speeding through a red light, racing, or swerving through traffic at high speeds.
The distinction matters. If the state cannot prove impairment, it may still try to charge vehicular homicide. I evaluate each fact carefully. We've had success showing that a client's driving, while negligent, was not criminally reckless.
Key Differences Between the Two Charges
Impairment vs. Recklessness:
DUI manslaughter is based on alcohol or drug impairment. Vehicular homicide is based on driving behavior, regardless of whether you were drinking.
Type of Evidence Used:
DUI manslaughter cases often involve breath or blood tests, field sobriety evaluations, and officer observations. Vehicular homicide cases are built on speed calculations, dashcam footage, skid marks, and eyewitness testimony.
Prosecutorial Discretion:
Sometimes, the same case could be charged either way. I've seen prosecutors overcharge DUI cases with both crimes when they aren't sure which will stick. This tactic can be challenged with strong pretrial motions.
Real Case Example: DUI Manslaughter Charge Dismissed After Expert Testimony
A client came to us after being charged with DUI manslaughter in Southwest Florida. He had swerved on a wet road late at night, crossed the center line, and struck another vehicle. Tragically, the other driver died. Law enforcement arrested our client at the scene after he admitted to having a couple of drinks earlier.
The state based its case on a blood alcohol level of 0.09. But we hired a toxicologist who showed the test was taken over two hours after the crash and that post-incident alcohol absorption could explain the BAC level. We also brought in an accident reconstructionist who found evidence that the other driver was speeding and did not have headlights on at the time of the crash.
Our team filed a motion to exclude the BAC result and succeeded. With their strongest evidence gone, the prosecutor dropped the DUI manslaughter charge and amended the case to reckless driving. The client avoided prison, paid a fine, and completed probation.
This type of result would not have happened without a privately retained attorney willing to dig deep and challenge every aspect of the state's case.
What Defenses Apply to DUI Manslaughter and Vehicular Homicide?
Challenging the Breath or Blood Test:
We analyze whether the testing process followed Florida Department of Law Enforcement protocols. If the blood draw was done without a warrant or proper consent, it may be suppressed. Breath machines can be inaccurate if not properly maintained.
Causation Defense:
Just because someone died does not mean the accused caused it. Florida law requires that the death was caused or contributed to by the defendant's conduct. We explore whether the deceased was at fault, whether there was a mechanical defect, or whether the crash was unavoidable due to weather or another driver.
No Recklessness or Impairment:
With vehicular homicide, we focus on whether the driving was truly reckless. Mere speeding or distraction is not enough. For DUI manslaughter, we challenge whether impairment existed at the time of the crash.
Violation of Constitutional Rights:
If the officer lacked probable cause for the traffic stop or arrest, or if the blood draw violated the Fourth Amendment, we may move to suppress the evidence.
Witness Credibility:
Eyewitnesses often get details wrong. We subpoenaed bodycam footage, 911 calls, and any recorded statements to determine whether initial accounts were accurate.
Why You Need a Private Attorney in Felony Traffic Homicide Cases
These are not minor cases. They are felony charges that carry years or even decades in prison. The investigations are complex and involve technical evidence. Prosecutors work closely with law enforcement crash investigators and often rely heavily on scientific analysis.
Public defenders, though well-intentioned, usually don't have the budget to hire multiple experts. I make sure we have access to forensic toxicologists, accident reconstructionists, medical experts, and investigators to challenge every detail.
From day one, our firm treats your case like the fight of your life, because it is. We've successfully defended clients throughout Florida in both DUI manslaughter and vehicular homicide cases. Every fact matters. Every minute counts.
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 Charges Frequently Asked Questions
Is DUI manslaughter automatically a felony in Florida?
Yes. Under Florida Statute § 316.193(3)(c)(3), DUI manslaughter is a second-degree felony. If the driver leaves the scene or fails to give aid, it becomes a first-degree felony. These charges carry mandatory minimum prison time unless the court finds mitigating circumstances.
How is reckless driving defined in vehicular homicide cases?
Florida courts interpret "reckless" to mean a willful disregard for safety. That's more serious than simple negligence. For instance, texting while driving may be negligent, but driving 110 mph in a school zone would likely be considered reckless.
Can you be charged with both DUI manslaughter and vehicular homicide?
Yes. Prosecutors sometimes charge both, especially when the facts support different theories. However, you can only be convicted of one offense for the same death. A strong legal team can argue for dismissal or merger of charges pretrial.
How long can you go to prison for DUI manslaughter in Florida?
A second-degree felony carries up to 15 years in prison. If the charge is enhanced due to leaving the scene, it becomes a first-degree felony with up to 30 years. Sentencing also depends on your criminal history and whether aggravating factors exist.
Can you get bail for DUI manslaughter or vehicular homicide in Florida?
Yes. These are bondable offenses in most cases. However, bond amounts can be high. We work quickly to argue for reasonable bail conditions and have successfully secured bond for clients in similar situations.
Is DUI required for a vehicular homicide charge?
No. Vehicular homicide does not require the state to prove you were impaired. It only requires that your driving was reckless and led to someone's death. That's a critical difference between these two charges.
Can prior DUI convictions be used against you?
Sometimes. If you've been convicted of DUI before, prosecutors may try to use that to argue you acted recklessly or should have known better. We often file motions to exclude prior convictions if they're not directly related to the current charges.
What role does the Florida Highway Patrol or Crash Team play in these cases?
These specialized teams conduct detailed investigations of fatal crashes. They gather black box data, interview witnesses, and reconstruct the collision. We obtain these records through discovery and have our own experts review their findings for errors or omissions.
How soon should I hire a defense attorney after a fatal crash?
Immediately. Investigators may try to contact you even before charges are filed. Anything you say could be used later in court. The sooner you hire private counsel, the sooner we can begin preserving evidence, identifying witnesses, and building your defense.
Can these charges be reduced or dismissed?
Yes. We've had DUI manslaughter charges reduced to reckless driving or even dismissed outright, depending on the facts. The strength of your defense depends on early intervention, a full investigation, and a private attorney who can devote the resources your case deserves.
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.