Understanding Florida DUI Manslaughter Charges and How We Defend Your Freedom
If you're facing a DUI manslaughter charge in Florida, your life is likely in chaos. These cases are among the most serious types of DUI-related offenses under state law. They carry the weight of a second-degree felony, and in some situations, can be enhanced to a first-degree felony. I've worked with clients all across Florida, people like you, who never imagined they'd be charged with a crime, let alone one that involves the death of another person.
Let me explain exactly what Florida law says, what penalties you could be facing, and how a strong defense can change the course of your future. You cannot afford to go into this situation alone. Having a private attorney is essential, not only for building your defense but also for protecting your rights from the moment the investigation begins.
What Is DUI Manslaughter Under Florida Law?
Florida Statute § 316.193(3)(c)(3) defines DUI manslaughter as causing the death of another person while operating a vehicle under the influence of alcohol or drugs.
Statute Text (excerpt from § 316.193(3)(c)(3)):
"A person who is in violation of subsection (1), and who by reason of such operation causes or contributes to causing the death of any human being or unborn child, commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred, and the person failed to give information and render aid as required by s. 316.062."
This means if the prosecution proves you were impaired and someone died as a result, you could be convicted of DUI manslaughter.
If it's alleged that you left the scene, it becomes a first-degree felony, which increases the stakes significantly.
This is not a traffic offense. This is a felony conviction with mandatory prison time if you are found guilty. You need a private attorney who can begin investigating right away, someone who knows how these cases are prosecuted and how to build a defense that holds up in court.
DUI Manslaughter Penalties in Florida
The base charge, a second-degree felony, carries:
- Up to 15 years in prison
- Up to 15 years of probation
- A fine of up to $10,000
- Mandatory permanent driver's license revocation
- Minimum mandatory sentence of 124.5 months (just over 10 years) in prison if convicted
If it is enhanced to a first-degree felony because of failure to give information or render aid under Florida Statute § 316.062, then the penalties increase to:
- Up to 30 years in prison
- Up to 30 years of probation
- Still subject to the same minimum mandatory prison term
These penalties are life-altering. Prosecutors often show up with all the momentum, and many public defenders are stretched thin and simply don't have the time or resources to go deep into the facts. That's why it's critical to have a private defense attorney who will go through the scene reconstruction, the toxicology reports, and the state's timeline.
Real Case Example: DUI Manslaughter Reduced to Reckless Driving
One of the most impactful cases I've handled involved a client in Collier County who was accused of DUI manslaughter after a single-vehicle crash killed her passenger. She admitted to drinking earlier in the evening, and the police collected a blood sample at the hospital showing a BAC of 0.093.
The state filed DUI manslaughter charges immediately, citing her toxicology and witness testimony about her leaving a bar. We acted fast. We retained a private crash reconstructionist and challenged the admissibility of the blood draw. Our investigation found that the hospital never followed the statutory chain of custody for the blood sample. In addition, our expert determined the passenger had not been wearing a seatbelt and contributed to the fatality.
We presented this evidence during plea discussions and convinced the state that they had a major problem with causation and evidentiary integrity. The charge was reduced to reckless driving with serious bodily injury, and our client received probation instead of 15 years in prison.
This never would have happened without immediate and aggressive legal work, supported by private experts and our ability to challenge the science the state relied on.
Common Defenses in DUI Manslaughter Cases
A DUI manslaughter charge does not mean automatic guilt. Many of these cases are based on flawed evidence or assumptions. Here are the defenses we use most often, depending on the facts:
Lack of Causation
Florida law requires that the impairment caused or contributed to the death. If the crash was due to something else, like weather, road hazards, or the actions of another driver, we can challenge the causation element.
Improper Blood Testing
Blood draws in Florida DUI cases must follow strict rules under Florida Administrative Code and case law. If the sample is collected without a warrant or proper medical justification, or if chain of custody is broken, we can move to exclude it.
Breath Test Reliability
Many breath testing machines are improperly calibrated, not maintained correctly, or subject to user error. We review maintenance logs and officer certifications to question the test's reliability.
Involuntary Intoxication
In some rare cases, if a defendant was unknowingly drugged or medically impaired, this may negate the intent required for a DUI conviction.
Medical or Physical Conditions
Certain health conditions mimic the symptoms of impairment and can affect breath or blood test results. We bring in medical records and expert testimony to challenge false positives.
A public defender likely won't be able to retain a forensic toxicologist or accident reconstruction expert unless ordered by the court. As your private attorney, I do not wait for permission to build your defense, I begin immediately.
Why a Private Attorney Matters
From the very beginning, the state will begin building a case to put you in prison. They have the medical examiner's report, crash scene data, witness interviews, and lab testing lined up. You need someone on your side with the resources and time to counter every piece of it.
At Musca Law, we take on these cases with seriousness and urgency. We've successfully defended DUI manslaughter charges across Florida, Miami, Tampa, Orlando, Naples, Jacksonville, and all over the state of Florida. Our private firm is set up to handle the complexities of felony DUI cases, and we do so with the full weight of our experience.
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 Defense CHrge Frequently Asked Questions (FAQs)
What is DUI manslaughter in Florida?
DUI manslaughter is a felony offense under Florida law that occurs when a person drives under the influence of alcohol or drugs and causes or contributes to the death of another human being. It is prosecuted under Florida Statute § 316.193(3)(c)(3). The crime carries a mandatory prison sentence and can be enhanced to a first-degree felony in certain cases.
What is the minimum prison sentence for DUI manslaughter in Florida?
If convicted, the court must impose a minimum mandatory sentence of 124.5 months in Florida State Prison. That's just over ten years. The maximum sentence can go up to 15 years for a second-degree felony or up to 30 years for a first-degree felony if the driver left the scene without giving information or aid.
Can DUI manslaughter charges be reduced or dismissed?
Yes, depending on the circumstances. We've had cases reduced to reckless driving or dismissed entirely by attacking the prosecution's evidence. Whether it's the blood test, causation issues, or evidence mishandling, there are ways to fight these charges, but it requires quick and skilled intervention from a private defense attorney.
Is a DUI manslaughter conviction permanent on my record?
Yes. A DUI manslaughter conviction cannot be sealed or expunged in Florida. It is a permanent part of your criminal record and will follow you for life. This is why defending the charge and avoiding conviction is so critical.
Can I be charged even if the person who died was my passenger?
Yes. Florida law does not differentiate between a passenger and another motorist or pedestrian when it comes to DUI manslaughter. If your passenger dies and the state believes you were impaired and responsible for the crash, you can face charges.
What if I was under the legal limit but someone still died?
You can still be charged. The law focuses not only on your blood alcohol content but also on whether your ability to drive was impaired. The state may try to prove impairment using officer observations, field sobriety tests, or witness statements. A private defense lawyer can challenge that evidence and present your side of the story.
What happens if I leave the scene of a fatal DUI crash?
If you knew or should have known a crash occurred and you failed to stop and provide information or aid, your charge can be enhanced to a first-degree felony under Florida Statute § 316.062. That enhancement increases your sentencing exposure to 30 years in prison. We've defended clients accused of leaving the scene by proving they had no knowledge of the crash or were unaware of the injuries.
Do I have to submit to a blood draw if I'm unconscious after a crash?
Florida law allows a warrantless blood draw if police believe you were driving under the influence and caused a serious injury or death. But we frequently challenge the legality of those blood draws, especially when law enforcement skips the warrant process or fails to follow medical protocols.
Will my driver's license be revoked for DUI manslaughter?
Yes. A conviction for DUI manslaughter includes a mandatory permanent revocation of your Florida driver's license. If your charges are reduced or dismissed, we can work to prevent this outcome.
Can Musca Law defend me if I was charged in a rural county or small town in Florida?
Yes. We have 30 offices across Florida and handle DUI manslaughter cases in every county, including rural areas where local prosecutors may not be used to pushback. No matter where you were charged, we can step in, investigate, and defend you.
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.