DUI Manslaughter


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against DUI MANSLAUGHTER

DUI Manslaughter are some of the most heart wrenching cases we handle.  Both the victim's family and the person charged and his or her family will never be the same.  Typically, the person charged doesn't have a record or has a minimal record.  Often, the person is very young and has his or her whole life ahead of them.  Florida law is very harsh on DUI manslaughter cases.  But there are defenses and mitigation available.

What is DUI Manslaughter?

DUI Manslaughter is defined in Florida Statute 316.193. In order for the State to convict a person for DUI Manslaughter, they must prove the following three things:

1.   You drove or were in actual physical control of a vehicle, and

2.   While driving or in actual physical control of a vehicle, you

a.   were under the influence of an alcoholic beverage, a chemical substance, or a controlled substance to the extent that your normal faculties were impaired, or

b.   had a blood or breath alcohol level of .08 or more.

3.   As a result of operating the vehicle, you caused or contributed to the cause of the death of the victim. 

What are the possible consequences of a DUI Manslaughter?

Under Fla. Stat. Section 316.193(3)(c)(3), a person convicted of a DUI manslaughter will be sentenced to term of imprisonment between a minimum mandatory of 4 years in prison up to 15 years in prison.  Only a prosecutor can waive the 4 year minimum mandatory sentence

ENHANCEMENT FOR FAILING TO GIVE INFORMATION OR RENDER AID

If you knew or should have known that there was a crash and failed to give information or render aid in a DUI Manslaughter, the possible maximum sentence is increased from 15 years to 30 years. 

What information or aid am I required to give?

Florida Statute 316.062 lays out the requirements to give information and render aid when you are the driver of a vehicle involved in a crash which includes property damage, injury or death.  You have a legal obligation to render reasonable assistance to a person involved in the crash and to provide your name, address, vehicle registration number, and upon request and if available, your driver's license.  You must provide this information to the victim of the crash, the driver, another occupant, or any police officer.  If none are available, you must report the information to the nearest law enforcement office. 

DUI Manslaughter is simply an aggravated form of DUI, with additional elements that the state must prove.  For more information about how the State can prove that you were impaired and other issues with DUI, click here
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