How to Protect Your Rights, Your Freedom, and Your Future After a Deadly DUI Accusation
Being accused of DUI manslaughter in Florida is one of the most serious criminal charges you can face. A single moment behind the wheel, a tragic accident, and a chemical test result can change everything. I’ve defended people in your situation, and I know the weight that hangs over your life right now. If you’re reading this, time is not on your side. You need to act immediately to protect yourself.
As a Florida criminal defense attorney, I have seen how quickly law enforcement moves in these cases. I’ve also seen how prosecutors often try to secure long prison sentences before all the facts are in. But I’ve also seen how the right legal defense can change the outcome completely. The choices you make in the hours and days after a fatal crash can determine your future.
Understanding DUI Manslaughter Under Florida Law
Florida Statute § 316.193 lays out the definition and penalties for DUI manslaughter. Under this law, DUI manslaughter occurs when a person:
- Operates a motor vehicle while under the influence of alcohol or drugs,
- And, as a result, causes the death of another human being or unborn child.
Florida Statute § 316.193(3)(c)(3):
“Any person who causes the death of any human being or unborn child while driving under the influence… commits DUI manslaughter, a felony of the second degree.”
This is a second-degree felony punishable by up to 15 years in state prison, a $10,000 fine, and a mandatory minimum sentence of 4 years. If the accused also left the scene without giving information or rendering aid, it becomes a first-degree felony, which carries up to 30 years in prison.
These penalties are life-changing. If you are under investigation or have already been charged, you need immediate legal protection. A private attorney can step in and take control before the State locks you into a narrative you may never escape from.
Step One: Don’t Speak to Law Enforcement Alone
This is the most critical mistake I see people make. After a fatal crash, police officers will question you at the scene, in the hospital, or later during an investigation. They may act sympathetic or suggest it’s better to “clear things up.” Do not answer any questions about alcohol, drugs, driving, or what happened.
Statements made under stress, grief, or confusion can be used against you. You have a constitutional right to remain silent and to have legal counsel. As your attorney, I step in and make sure law enforcement does not twist your words or get you to unknowingly admit to a felony. Public defenders are not assigned until charges are filed, which means a private attorney is often the only line of defense early on.
Step Two: Demand Independent Chemical Testing
If you were taken to the hospital, the police may have obtained a blood sample under Florida’s implied consent laws. These tests are not always accurate. Alcohol levels can rise or fall depending on the timing of the draw, the way the sample was handled, or medical treatment you received.
Under Florida Statute § 316.1932, you have a right to request your own independent test. But law enforcement isn’t required to inform you of this right unless you ask. I advise clients to document everything, and we secure medical records and toxicology results early. A private lawyer can retain forensic experts immediately to verify the State’s blood alcohol findings or challenge the testing procedures.
Step Three: Preserve Physical Evidence
In DUI manslaughter cases, accident reconstruction is often key. The State may claim you were speeding, driving recklessly, or failed to stop. We need to preserve skid marks, vehicle damage, surveillance footage, dash cams, and GPS data.
Once the scene is cleared, this evidence disappears fast. I work with crash experts to examine road conditions, vehicle mechanics, and visibility issues. We have used this kind of evidence to disprove claims that a defendant was at fault. Without a private attorney working quickly, this evidence could be lost forever.
Step Four: Build a Timeline and Identify Witnesses
What you were doing before the crash matters. Were you coming from work? Out to dinner? With friends or family? Every detail may help build your defense. I often begin by interviewing potential witnesses, pulling phone records, credit card transactions, or social media check-ins to verify timelines.
We also examine whether anyone else contributed to the crash. Did the other driver violate a traffic signal? Was someone jaywalking? A thorough investigation can uncover facts that law enforcement missed or ignored.
Step Five: Prepare for Aggressive Prosecution
DUI manslaughter is one of the few crimes in Florida that carries a mandatory minimum prison sentence, even for first-time offenders. Prosecutors know this, and they often file every possible enhancement they can. If you leave the scene or refuse a chemical test, the penalties can increase dramatically.
Florida Statute § 316.027(2)(c):
“A driver who leaves the scene of a crash resulting in death commits a felony of the first degree.”
Florida Statute § 316.1939:
“Refusal to submit to a chemical test, after a prior refusal, is a misdemeanor.”
The prosecutor may also add reckless driving, vehicular homicide, or other charges to increase leverage. The only way to get ahead of this is with a private attorney who has the time, resources, and determination to stand between you and the full power of the State.
Real Case Example: Client Facing 15 Years Walks Free
I represented a client in Southwest Florida who was accused of DUI manslaughter after a late-night crash on a two-lane rural highway. The State claimed he crossed the center line and struck another vehicle, killing the driver instantly. A blood sample taken nearly two hours later showed a BAC slightly above .08.
The State filed charges immediately. We conducted our own accident reconstruction and found that the other driver had veered into our client’s lane. Our forensic toxicologist challenged the validity of the delayed blood draw, pointing out that stress and blood loss may have affected the reading.
We also obtained surveillance footage from a convenience store showing our client buying food 30 minutes before the crash, completely coherent and sober in appearance. The case went to trial. The jury found that there was reasonable doubt as to causation and alcohol impairment. The client was acquitted on all charges.
This case was won through rapid response, private investigation, and expert testimony. If we had waited for a court-appointed lawyer, those opportunities might have been lost.
Possible Defenses in DUI Manslaughter Cases
Every DUI manslaughter case is unique, but there are several legal defenses we regularly use:
Causation:
The State must prove you caused the death. If the other driver ran a red light or made an illegal turn, it may break the chain of causation.
BAC Testing Errors:
Blood tests can be contaminated, mislabeled, or drawn too late to be reliable. We retain independent toxicologists to challenge the results.
No Actual Impairment:
A BAC over .08 does not automatically prove impairment. Factors like fatigue, medication, or medical conditions may offer alternative explanations.
Medical Emergencies or Involuntary Intoxication:
If you suffered a seizure, heart event, or consumed alcohol unknowingly (such as a spiked drink), these can be powerful defenses.
Constitutional Violations:
We examine whether your rights were violated during the stop, arrest, or chemical testing. If evidence was obtained unlawfully, we move to suppress it.
Why You Need a Private Defense Attorney Right Now
A public defender is assigned only after formal charges are filed. But by then, the State has built its case. Witnesses have been interviewed, tests have been run, and the charging document has been issued.
A private defense attorney can intervene before charges are filed, review body cam footage, obtain 911 calls, secure medical records, and negotiate with prosecutors. I’ve stopped charges from being filed altogether in some cases. But that only happens when you act early.
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)
What is DUI manslaughter in Florida?
DUI manslaughter occurs when a person operates a vehicle while under the influence and causes the death of another person or an unborn child. It’s a second-degree felony under Florida Statute § 316.193, carrying up to 15 years in prison and a mandatory minimum of four years.
Can I be arrested for DUI manslaughter without a breath or blood test?
Yes. While chemical tests are a key part of the evidence, police can also rely on field sobriety tests, officer observations, and witness accounts. However, without chemical evidence, the State’s case may be more vulnerable to challenge.
Will I automatically go to prison if convicted of DUI manslaughter?
Florida law imposes a mandatory minimum of four years in prison for DUI manslaughter convictions. However, it’s possible to negotiate a plea to lesser charges or secure an acquittal with the right defense. Every case requires careful analysis.
What if I wasn’t drunk but had prescription drugs in my system?
DUI manslaughter charges can be based on impairment from legal or illegal drugs. The State must prove that the drug impaired your ability to drive safely. Many prescriptions carry warnings, but that doesn’t automatically prove impairment in court.
Is DUI manslaughter worse than vehicular homicide?
DUI manslaughter and vehicular homicide are separate charges. DUI manslaughter requires proof of impairment, while vehicular homicide focuses on reckless driving. Prosecutors may file both charges, but they cannot convict you of both for the same death.
Can the victim’s family sue me in civil court?
Yes. A DUI manslaughter case often leads to a wrongful death lawsuit in civil court. That’s separate from the criminal case. A private attorney can help protect your rights in both proceedings and work to minimize exposure.
Should I take a plea deal in a DUI manslaughter case?
Not before consulting a defense attorney. Some plea deals include significant prison time and a permanent felony record. We evaluate the strength of the evidence, examine defenses, and push for dismissals or reductions before considering a plea.
How long does a DUI manslaughter case take?
These cases can take a year or longer, especially if the case involves blood testing, expert review, or pretrial motions. It’s critical to begin building a defense immediately so you’re not caught off guard by deadlines or late evidence disclosures.
What if the crash was caused by bad weather or road conditions?
Environmental factors like rain, poor lighting, or road hazards can affect causation. We investigate whether these contributed to the crash, which can raise reasonable doubt or shift responsibility away from you.
Can I post bond if arrested for DUI manslaughter?
Yes, but bond is usually set high due to the severity of the charges. Judges consider factors like criminal history, flight risk, and the strength of the evidence. We attend bond hearings to fight for pretrial release and reasonable conditions.
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.