DUI Manslaughter

 Afraid.  Devastated.  Stunned.  The trauma of being involved in the death of another human being is indescribable.  If you were arrested for driving under the influence and causing the death of another person -- commonly known as DUI manslaughter-- the aftermath can be terrifying for all involved parties.  DUI manslaughter is a serious crime with serious consequences.

DUI Manslaughter § 316.193(3)(a)(b)(c)3 Fla. Stat.
Florida Statute § 316.193 (the law in Florida) states that a person is guilty of the offense of DUI manslaughter if the person is guilty of driving under the influence as defined in § 316.193(1) and who by operation of a vehicle while under the influence "causes or contributes to causing the death of any human being or unborn quick child."  § 316.193(3)(a)(b)(c)3 Fla. Stat.  Florida law defines an "unborn quick child" as a viable fetus as defined in § 782.071.  In other words, if a fetus dies as a result of injury sustained by the mother during the accident, the death of the fetus is manslaughter.

As in all criminal cases, the State of Florida (prosecution) carries the burden of proving each element of the crime beyond a reasonable doubt.  In order to prove the crime of DUI manslaughter, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, (defendant)
   1. was under the influence of (alcoholic beverages) (a chemical substance) (a controlled substance) to the extent that his or her normal faculties were impaired.
   2. had a (blood) (breath) - alcohol level of .08 or more grams of alcohol per (100 milliliters of blood) (210 liters of breath).
3. As a result of operating the vehicle, (defendant) caused or contributed to the cause of the death of (victim) (an unborn quick child).

DUI manslaughter is a second-degree felony with serious penalties.  The law in Florida mandates that any person who is convicted of DUI manslaughter "shall be sentenced to a mandatory minimum term of imprisonment of four (4) years."  §316.193(3)(a)(b)(c)3 Fla. Stat.  Notably, four years in prison is only the minimum sentence.  Defendants found guilty of DUI manslaughter face up to 15 years in Florida state prison along with other penalties such as fines and permanent driver's license revocation.

If you are arrested for DUI manslaughter in Florida, the experienced DUI defense attorneys at Musca Law are prepared to fight for your freedom.  Based on the facts of your case, many defenses may be available to provide you with the best chance of reducing your charges or completely avoiding a conviction.  As discussed on the DUI Property Damage section of the Web site, the Accident Report Privilege protects many statements made by a defendant to law enforcement officers at the scene of an accident.  Further, depending on the facts of your case, field sobriety exercises and breath- or blood-alcohol test results may be suppressed, prohibiting the State from presenting this evidence at trial.

Hire an Experienced Florida DUI Attorney
DUI manslaughter is a traumatic and terrifying offense with equally significant consequences.  If you are charged with DUI manslaughter, you need an experienced DUI attorney Jacksonville FL on your side.  For more information on DUI manslaughter cases in Florida, or if you were arrested for DUI after an accident, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).