July 13, 2018
If you are found guilty or convicted of DUI manslaughter in the State of Florida, you can be subject to serious criminal fines, prison time, and other penalties. However, there are several legal defenses to a DUI manslaughter charge that may be available to exonerate you.
A DUI manslaughter charge is serious business, and time may be of the essence in your criminal case. If you are facing this or other serious alcohol-related charges, you should contact a St. Petersburg criminal defense lawyer at the Khonsari Law Group as soon as possible. We regularly handle serious cases such as DUI manslaughter and are ready to protect the rights of every client.
Elements of a DUI Manslaughter Charge in Florida
In order to be found guilty or convicted of DUI manslaughter in Florida, the law requires the prosecution to prove all of the following legal elements in your case:
- That you were either driving or in actual physical control of a vehicle
- That you were under the influence of alcohol (or a controlled substance) to such an extent that your senses or faculties were impaired; that your blood alcohol level was 0.08 or higher; or that your breath-alcohol level was 0.08 or higher
- That you directly or indirectly brought about the death of another human being
Potential Penalties for a DUI Manslaughter Conviction
Florida law classifies DUI manslaughter as a second-degree felony. If you sustain a DUI manslaughter conviction in Florida, a judge must impose a 124.5-month mandatory minimum prison sentence.
In addition, the judge, as his or her discretion, may impose certain additional penalties, including additional jail time, up to $10,000 in monetary fines, permanent driver’s license revocation, impoundment of the offender’s vehicle, community service, and/or required completion of a DUI substance abuse course.
DUI Manslaughter Defenses
Individuals facing DUI manslaughter charges may be able to present legal defenses to your criminal charge. Those potential defenses include the following:
- That the DUI traffic stop was illegal (that is, the traffic stop effectively violated your Fourth or Fifth Amendments rights under the U.S. Constitution)
- That the officer who pulled you over conducted an improper field sobriety test
- That the officer who pulled you over had no probable cause to believe you committed a crime
- That the Breathalyzer test results were illegally obtained or that the breathalyzer equipment was not properly calibrated or working when the test was administered to you
Contact a St. Petersburg, Florida, Criminal Defense Lawyer Today
It goes without saying that a DUI manslaughter conviction can have serious legal ramifications and may impose severe limitations on your personal freedom. If you have been charged with DUI manslaughter, the criminal defense lawyers at Khonsari Law Group may be able to assert a favorable legal defense on your behalf.
To schedule a free consultation and case evaluation with an experienced St. Petersburg criminal defense lawyer, please call our office at (727) 269-5300, or contact us online.