Miami Manslaughter DUI Attorney

A conviction for driving under the influence of alcohol or drugs imposes many roadblocks on life, but when someone else is injured or killed in an accident where you were driving under the influence, those roadblocks turn into almost impenetrable barriers. If a death results from an accident where someone was driving under the influence of alcohol or drugs, the state may prosecute the driver for DUI manslaughter. A conviction for DUI manslaughter results in a mandatory prison sentence. If you were involved in an accident and charged with DUI, the experienced criminal defense attorneys at Valiente Law will make sure you have the best possible chance against the power of the government. 

What is DUI?

In the state of Florida, it is illegal to operate – or be in actual physical control – of a motor vehicle while under the influence of alcoholic beverages. State law provides that a person is presumptively under the influence if his or her blood alcohol level is .08 percent or greater. Driving under the influence results in criminal charges with potential punishments, including fines, jail times, revocation of driving privileges, and mandatory alcohol treatment.

A DUI can also occur if a person is under the influence of an illegal controlled substance. It is illegal to operate a motor vehicle when the driver is affected to the extent that his or her normal faculties are impaired. Generally, a driver’s normal faculties are impaired when he or she cannot think clearly or maintain physical control over a vehicle. Punishment for driving under the influence of an illegal controlled substance are similar to those for driving under the influence of alcohol. 

What Happens When a Death Results?

Under Florida Statutes §316.193(3), DUI manslaughter is ordinarily a second-degree felony carrying up to 15 years in prison and a $10,000 fine, with a four-year mandatory minimum prison term. It becomes a first-degree felony, ordinarily carrying up to 30 years and a $10,000 fine, if the driver knew or should have known a crash occurred and failed to give information and render aid as required by law. Current law also makes it a first-degree felony when the defendant has a qualifying prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. The offense date, sentencing scoresheet, and any applicable enhancement must be reviewed.

DUI manslaughter requires proof that the defendant operated a vehicle while impaired or with an unlawful alcohol level and, by that operation, caused or contributed to a death. A death is not required for every felony DUI: qualifying repeat offenses and DUI causing serious bodily injury are separate grounds for felony charges. Vehicular homicide is a separate offense with its own elements.

What are the Requirements for a Conviction of DUI Manslaughter?

The two essential elements of DUI manslaughter are (1) driving under the influence and (2) causing or contributing to the death of a person or unborn child while driving under the influence. 

Proving these two elements require proving the following facts beyond a reasonable doubt:

• The accused operated a motor vehicle. For DUI manslaughter, the State must prove operation of the vehicle and the required causal connection to a death; mere presence inside a vehicle is not enough. 
• The accused drove under the influence. Being under the influence is often established by biological tests, such as on the scene breathalyzers or hospital blood draws. For alcohol-related incidents, an alcohol level of .08 or higher is an alternative statutory basis for DUI, and impairment can also be proved without that level. For drug-related incidents, other factors may apply to determine if a person is mentally or physically impaired.
• The accused’s actions caused or contributed to the death of another person or unborn child. The State must prove that operation of the vehicle caused or contributed to causing the death; it need not show that the accused was the sole cause.

Defenses to DUI Manslaughter

Florida takes deaths caused by drunk driving seriously, as evidenced by the stiff penalties for conviction. However, the prosecution must meet the burden of proving the accused was under the influence and contributed to the death of another beyond a reasonable doubt. Depending on the facts, several defenses may undermine the prosecution’s case.

• Illegal stops: To stop a vehicle, a police officer must have a reasonable suspicion that a driver committed a vehicle infraction or probable cause that a driver committed a crime. In the case where a DUI arrest resulted from a traffic stop, pointing out an officer’s mistakes in stopping a vehicle can lead to dismissal of charges based on an illegal stop.
• Improper field sobriety testing. Before conducting biological tests such as breathalyzers or blood tests, police officers must have probable cause to believe a driver is under the influence. One way police officers obtain probable cause is to conduct a field sobriety test. However, many factors can impact the effectiveness of a field sobriety test, placing the officer’s reasoning for conducting biological tests.
• Improper biological testing. For accurate readings, breathalyzers must be administered correctly by officers trained in their use. Similarly, the established procedures for blood-alcohol testing must be followed carefully and exactly. A skilled defense attorney can call into question the accuracy of biological tests that suggest the accused was under the influence at the time.
• Failure to provide constitutional rights. Miranda warnings are generally required before custodial interrogation, not automatically at every arrest. A violation may support exclusion of affected statements; it does not automatically require dismissal of the charge.

Consult with an Experienced DUI and Felony Criminal Defense Attorney 

Any death is a tragic event. Being accused of a DUI-involved death is especially traumatic. For a crime of this nature, you face not only a mandatory prison sentence but can go beyond prison, branding you as a felon. An experienced criminal defense attorney can protect your rights during an investigation and after. Contact a South Florida criminal defense attorney at Valiente Law to discuss your case today.