DUI Manslaughter

If you are arrested in Florida for a DUI manslaughter Miami offense, please contact the Law Offices of Mark Eiglarsh immediately to discuss your case.

The difference between a typical Driving Under the Influence (DUI) conviction and DUI Manslaughter is sometimes just a matter of seconds and/or a moment of bad luck. And, while in essence, these two offenses share similarities, the punishments for DUI manslaughter are considerably harsher.

A Florida DUI homicide in Florida is classified as the killing of a person while driving a vehicle under the influence of alcohol or a controlled substance. For a person to be convicted, the prosecutor must prove the following elements beyond and to the exclusion of every reasonable doubt:

• The defendant operated a vehicle or was physically controlling the vehicle in the state of Florida.
• The perpetrator was under the influence of alcohol or a controlled substance and/or they had a breath-alcohol level of .08% or higher and/or a blood-alcohol level of .08% or more.
• A person lost their life as a result, whether directly or indirectly.

DUI manslaughter is a felony of the second degree under Florida statute 316.193 (3)(c)(3). As such, an accused faces serious penalties. If a person is convicted, they may face significant prison time on the low end of the guideline sentencing range. Some of the other penalties that people face include, but are not limited to:

• As much as fifteen years in jail. (Statutory maximum)
• Up to fifteen years of probation
• Up to $10,000 in fines.
• Permanent driver’s license revocation
• Vehicle Impoundment
• Community service
• Completion of a DUI Substance Abuse Course

The consequences of a conviction for DUI manslaughter can adversely affect a person long after he or she completes their prison term. A person may experience difficulty securing employment. Employers may be hesitant to hire an individual with a criminal record.

Sentencing guidelines set by the Florida Department of Corrections are arranged in the form of a scoresheet preparation manual. When a person is arrested for a felony crime, the primary offense is given a level. A specified number of points is then assigned to the level. DUI manslaughter is a level 8 offense and assigned 74 points under the scoresheet preparation manual’s sentencing guidelines. Additional points can be added depending on whether or not the defendant has a prior criminal record or commits a legal status violation.

Due to the mitigating circumstances surrounding the offense, DUI manslaughter is one of the few offenses where a downward departure sentence may be justified. However, Florida statute 316.193(3)(c)(3) limits a judge’s discretion to impose a downward departure sentence, requiring a person convicted of DUI manslaughter to serve a mandatory minimum sentence of four years in prison.

The consequences of a conviction for DUI manslaughter can adversely affect a person long after he or she completes their prison term. A person may experience difficulty securing employment. Employers may be hesitant to hire an individual with a criminal record.

When it comes to DUI manslaughter defense, our law firm utilizes a vast array of defenses that may be prove successful in having the charges reduced or dismissed.

One successful strategy is to demonstrate that the blood or breath results are inaccurate and/or improperly obtained. In one of the many cases in which The Law Offices of Mark Eiglarsh successfully defended a DUI Manslaughter case, we were able to prove that the testing officer used an alcoholic swab as opposed to a non-alcoholic swab prior to inserting the needle to secure blood. Prosecutors were forced to significantly reduce the charge and offer a wonderful plea bargain as a result. Also, there are instances where officers use expired blood kits and/or engage in numerous other improprieties, rendering the blood testing process flawed.

The general information provided above is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your DUI case. Please call 954.807.4837 in Broward or 305.889.7190 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.