As a criminal defense attorney in Florida, I have seen firsthand the devastating consequences of DUI manslaughter and vehicular homicide cases in Florida. These are serious offenses that can result in severe penalties, including imprisonment, fines, and a criminal record that can impact your life for years to come. In this blog post, I will provide a comprehensive overview of DUI manslaughter and vehicular homicide in Florida, including the penalties, defenses, and what to do if you are charged with these crimes.
Understanding DUI Manslaughter and Vehicular Homicide in Florida
In Florida, DUI manslaughter occurs when a person causes the death of another while driving under the influence of alcohol or drugs. The offense is considered a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Vehicular homicide, on the other hand, is the killing of a person due to reckless driving or a violation of traffic laws. Both offenses are classified as a second-degree felony but can be enhanced to a first-degree felony if the driver knew, or should have known, that the accident occurred and failed to give information and render aid.
It is important to note that in Florida, a blood alcohol content (BAC) level of 0.08 or higher is considered evidence of impairment. However, even if the driver’s BAC is below the legal limit, they can still be charged with DUI manslaughter or vehicular homicide if they were driving in a reckless manner likely to cause death or great bodily harm to another.
Penalties for DUI Manslaughter and Vehicular Homicide in Florida
The penalties for DUI manslaughter and vehicular homicide in Florida are severe and can have a lasting impact on your life. As mentioned earlier, DUI manslaughter is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. If the driver left the scene of the accident, the offense becomes a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000. In Florida, a person who is convicted of DUI Manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
Similarly, vehicular homicide is also classified as a second- or first-degree felony, depending on the circumstances of the case. A second-degree felony is punishable by up to 15 years in prison and a fine of up to $10,000, while a first-degree felony is punishable by up to 30 years in prison and a fine of up to $10,000.
In addition to imprisonment and fines, a conviction for DUI manslaughter or vehicular homicide in Florida can also result in the loss of your driver’s license, mandatory community service, and mandatory attendance at a DUI school, among other conditions that the Court may or must impose.
Defenses for DUI Manslaughter and Vehicular Homicide in Florida
If you are facing charges for DUI manslaughter or vehicular homicide in Florida, it is crucial to consult with an experienced criminal defense attorney who can help you build a strong defense. Some of the possible defenses for these crimes include:
- Challenging the legality of the traffic stop or arrest
- Arguing that the driver’s BAC was not above the legal limit at the time of the accident
- Suggesting that the driver’s actions did not cause or contribute to causing the victim’s death
- Presenting evidence that the driver’s driving was not driving in a reckless manner likely to cause the death of, or great bodily harm, to another.
It is important to note that each case is unique, and the best defense strategy will depend on the specific circumstances of your case. An experienced criminal defense attorney can help you determine the most effective defense strategy for your situation.
What to Do If You Are Charged with DUI Manslaughter or Vehicular Homicide in Florida
If you are charged with DUI manslaughter or vehicular homicide in Florida, it is essential to take immediate action to protect your rights and build a strong defense. Here are some steps you can take:
- Contact an experienced criminal defense attorney who has a proven track record of success in DUI manslaughter and vehicular homicide cases.
- Do not talk to law enforcement or anyone else about your case without your attorney present.
- Gather any evidence that may be relevant to your case, including witness statements, medical records, and photos of the accident scene.
- Be honest with your attorney about the circumstances of the accident and any prior criminal history.
The Role of a Criminal Defense Attorney in DUI Manslaughter and Vehicular Homicide Cases
An experienced criminal defense attorney can play a crucial role in DUI manslaughter and vehicular homicide cases. They can help you understand your legal rights, build a strong defense strategy, negotiate with the prosecution, and represent you in court.
In addition, a skilled attorney can help you navigate the complex legal system, gather evidence, and protect your rights throughout the legal process. They can also help you decide the best course of action whether that be plea bargaining, alternatives to imprisonment, or going to trial.
Frequently Asked Questions About DUI Manslaughter and Vehicular Homicide in Florida
Q: Can I be charged with DUI manslaughter if I did not cause the accident? A: Yes, you can still be charged with these offenses if you were driving under the influence and your actions contributed to the victim’s death.
Q: What is the difference between DUI manslaughter and vehicular homicide in Florida? A: DUI manslaughter occurs when a person causes the death of another while driving under the influence of alcohol or drugs, while vehicular homicide is the killing of a person due to reckless driving in a manner likely to cause death or great bodily harm.
Q: Can I go to jail for DUI manslaughter or vehicular homicide in Florida? A: Yes, these offenses are classified as felonies and can result in lengthy imprisonment, fines, courses and community service, restitution, and a criminal record.
Importance of Hiring an Experienced Attorney for DUI Manslaughter and Vehicular Homicide Cases
If you are facing charges for DUI manslaughter or vehicular homicide in Florida, it is essential to hire an experienced criminal defense attorney who can help you navigate the legal system and protect your rights. An experienced attorney can help you understand the charges against you, build a strong defense strategy, negotiate with the prosecution, and represent you in court.
In addition, a skilled attorney can help you explore alternatives to imprisonment, such as programs or plea bargaining. They can also provide emotional support and guidance throughout the legal process, which can be overwhelming and stressful.
Conclusion
DUI manslaughter and vehicular homicide are serious offenses in Florida that can result in severe penalties, including imprisonment, fines, and a criminal record. If you are facing charges for these crimes, it is crucial to take immediate action to protect your rights and build a strong defense. Contact an experienced criminal defense attorney who can help you understand your legal options and navigate the legal system.
At Finkelstein Firm, P.A., we understand that facing a criminal charge can be frightening and overwhelming. Due to the significant potential consequences associated with the crimes of DUI Manslaughter and Vehicular Homicide, it is imperative that you speak with an experienced defense attorney right away. Ms. Finkelstein has over 18 years of experience defending citizens charged with a variety of criminal offenses. She has the knowledge and skill to fight for the best result in your case. Ms. Finkelstein is accessible and dependable when you need her the most.
Contact us for a free analysis of your case. Our firm handles cases in Pinellas County and the surrounding areas to include Hillsborough, Manatee, Sarasota, Pasco, and Polk Counties. Call us today at (727) 306-4141 to learn your legal options if you have been accused of DUI Manslaughter, Vehicular Homicide, or any other criminal charge.
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