Florida’s DUI manslaughter statute is found in Section 316.193(3), Fla. Stat. The statutory scheme provides for a variety of different ways to charge a DUI as a felony when it is alleged that the DUI caused or contributed to the death of another person including:
- DUI/Manslaughter is a Second Degree Felony punishable by a fine of up to $10,000 fine and/or 15 years in prison.
- DUI Manslaughter involving Leaving the Scene of a Crash is a First Degree Felony punishable by a fine of up to $10,000 and up to 30 years in prison. This version of DUI manslaughter alleges that the driver knew or should have known the accident occurred and failed to give information or render aid.
- Vehicular Homicide is a Second Degree Felony punishable by a fine of not more than $10,000 fine and/or 15 years in prison.
- Vehicular Homicide involving Leaving the Scene is a First Degree Felony punishable by a fine of not more than $10,000 and/or 30 years in prison.
DUI Manslaughter Defense Attorney in Brooksville, Florida
If you were charged with any DUI offense involving the death or serious injury of another person. Attorney Ashley Aulls represents clients charged with serious felony DUI offenses throughout Hernando County, and the surrounding areas of the Fifth Judicial Circuit. Call to talk with an attorney at The Law Office of Ashley Aulls, P.A. today about any version of Florida’s DUI manslaughter statute in Hernando County, Citrus County, Sumter County, or Pasco County, Florida.
Information Center for DUI Manslaughter in Florida
- DUI Manslaughter under Florida Statute § 316.193(3)(a)(b)(c)3
- DUI Manslaughter Involving Leaving the Scene of the Crash
- Finding an Attorney for DUI Manslaughter in Hernando County
The elements of Driving under the Influence Manslaughter requires proof beyond all reasonable doubt of the following elements:
- Defendant drove or was in actual physical control of a vehicle;
- While driving or in actual physical control of the vehicle, the defendant
- was under the influence of alcoholic beverages and/or chemical or controlled substance to the extent that his normal faculties were impaired; or
- had a blood or breath alcohol level of .08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.
- As a result of operating the vehicle, the defendant caused or contributed to the cause of the death of the victim or an unborn quick child.
Florida law defines the term “unborn quick child” as a viable fetus that becomes capable of meaningful life outside the womb through standard medical measures.
Under Florida Statute §316.193(3)(a)(b)(c)3b for DUI Manslaughter involving Leaving the Scene of the Crash certain enhanced penalties to apply if it is also proven that:
- Defendant, at the time of the crash,
- knew or should have known that the crash occurred; and
- failed to give information as required by law; and
- failed to render aid as required by law.
The standard jury instructions for DUI manslaughter explain the driver’s duty after a crash involving injury or death as follows:
The driver of any vehicle involved in a crash resulting in injury to or death of any person, or damage to any vehicle or other property which is driven or attended by any person, must supply his or her name, address, and the registration number of the vehicle he or she is driving to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash.
Upon request and if available, the driver shall also exhibit his or her license or permit to drive. The driver shall give the same information and, upon request, exhibit his or her license or permit, to any police officer who is at the scene of the crash or who is investigating the crash.
The driver shall also render reasonable assistance to any person injured in the crash, including carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
In the event, none of the persons specified above are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of a vehicle involved in the crash, after trying to fulfill the requirements listed above as much as possible, shall immediately report the crash to the nearest office of a duly authorized police authority and supply the information specified above.
Florida Statutes for DUI – The Florida Senate website showcases various Florida Statutes, with this particular chapter covering DUI penalties. Visit this site to find the laws and penalties for DUI manslaughter.
Florida DUI Suspension Laws – The objective of this Florida highway safety site is to inform readers of the laws regarding DUI violations. Visit this page to find out more about the suspension laws for alcohol-related traffic stops.
If you are charged with any DUI related offense that involved the death or serious bodily injury of another person then contact an experienced criminal defense attorney for Brooksville and Hernando County, FL. Attorney Ashley Aulls is experienced in fighting serious DUI charges throughout Hernando County, and the surrounding areas of the Fifth Judicial Circuit including Inverness in Citrus County, and Bushnell in Sumter County, FL. Call (352) 593-4115 today to discuss the case.