If you have been charged with DUI Manslaughter in Florida then you may have a defense. Before a trial ever takes place, the legality of the warrant and blood draw, the breath and blood test results and any statements you made can all be attacked with a motion to suppress on constitutional grounds. Your case can be dismissed based on an insufficient warrant, illegally obtained breath or blood test results can be thrown out if certain legal steps weren’t followed and your statements can be thrown out for legal reasons as well. If the case is not thrown out before trial, the investigation, the officer’s credibility, and the lack of evidence can all be used to create reasonable doubt in your case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your DUI Manslaughter case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, DUI manslaughter is defined under Florida Statute 316.193(1) and (3)(c)(3). A person commits the crime of DUI manslaughter when they drive a vehicle, or are in actual physical control of a vehicle, within the State of Florida, and that person is either 1.) under the influence of alcoholic beverages or any chemical or controlled substance to the extent that their normal faculties are impaired, 2.) has a breath-alcohol level of .08 or higher, or 3.) has a blood-alcohol level of 0.08 or higher, and they cause the death of another person, either directly or indirectly.
DUI Manslaughter is a second-degree felony, meaning you are convicted then you can be sentenced up to 15 years in prison, or up to 15 years on probation. You could also be required to pay a fine of up to $10,000. In addition, if you are convicted of DUI Manslaughter, then a judge is required to impose the following penalties:
- at least 4 years in prison (there is a 4-year minimum mandatory) and up to 15 years in prison;
- up to 15 years of probation;
- permanent driver’s license revocation;
- at least 50 community service hours;
- impound of the driver’s vehicle;
- completion of a Substance Abuse Course;
- completion of a psychosocial evaluation.
Attorney Williams can help you avoid mandatory DUI punishments and lifelong consequences that come with a permanent DUI conviction. All criminal convictions, especially convictions for DUI, carry severe consequences and can never be removed from your criminal record. In addition to facing jail time, your driving privileges, insurance premiums and eligibility for certain jobs will be negatively impacted. You can also lose your professional license, employment or status as a student.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with DUI in Florida and they need effective representation, then contact Matthew Williams now for a free consultation.