DUI Manslaughter in Florida

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Nationwide, approximately 31% of traffic fatalities are allegedly caused by drivers under the influence of alcohol or drugs.  In Florida, a brief review of traffic statistics show that every year approximately 3200 traffic fatalities occur in Florida. Of those, about 1/3 are drug or alcohol related. DUI homicides are undoubtedly a tragedy and a social harm to be avoided. It is our philosophy, though, that the loss of life does not need to be made worse by the decimation of another.  First, we must hold the State of Florida to their burden of proving the crime beyond and the exclusion of every reasonable doubt. And, if they meet that burden, then this should not mean we place redemption beyond reach for the accused. One tragedy must not be compounded by another.

 The essential components of the crime of DUI Manslaughter in Florida are as follows:

• Operating or Controlling a Vehicle: The accused must have been operating or had control over a vehicle.
• Resulting Fatality: Through this operation or control, the accused caused the death of another human being or an unborn child capable of living outside the womb (referred to as a “quick child” in Florida law).
• Impairment: The driver’s ability to operate the motor vehicle safely was impaired due to alcohol or narcotics, or their blood alcohol concentration was at or above the legal limit of 0.08%.
• Causal Link: The operation of the vehicle led directly or indirectly to the victim’s death.

In the American justice system, the burden of persuasion lies with the party bringing the case forward. In a DUI Manslaughter trial in Florida, the government—represented by the local prosecutorial office—must convince a jury (or a judge, if the trial is non-jury) beyond a reasonable doubt that the charges are true.

This standard of proof is exceptionally high. Recognizing its stringency, prosecutors ensure thorough accident investigations by law enforcement officers. Investigators meticulously examine every detail, anticipating that the defense will be unable to demonstrate any deficiencies in the investigation.

Prosecutors dealing with DUI Manslaughter cases face significant challenges, and it falls upon the defense attorney to create obstacles for them. A knowledgeable DUI Manslaughter lawyer recognizes that their client could potentially receive up to fifteen years of imprisonment, with a minimum mandatory penalty of four years. Importantly, the sentencing judge lacks discretion to reduce the sentence below four years unless the prosecution negotiates a plea bargain for a lesser charge.

At The Law Office of Sean Clayton, PA, our team of committed DUI lawyers specializes in providing strong defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our main goal is to achieve the best possible outcomes for our clients, often resulting in the complete dismissal of charges or reduction to the lesser offense. 

Additionally, we offer invaluable guidance to our clients throughout the administrative DHSMV proceedings, advising them on strategies that may increase their chances of a favorable resolution. Ultimately, our aim is to assist our clients in minimizing the long-term consequences associated with a DUI charge.

Why choose The Law Office of Sean Clayton, P.A. for your defense?

• Diverse Expertise: Our firm was established by a former prosecutor who now has over a decade in defense work. This unique combination gives us a comprehensive understanding of the criminal justice system from both sides and how to fight your charges.
• We Fight: We stand by our commitment to our clients. We don’t merely plea you out; we strive relentlessly to ensure you get the most favorable outcome.
• Stellar Reputation: Our dedication to excellence is reflected in our 5-star reviews from satisfied clients.
• Impressive Track Record: We pride ourselves on our extensive list of significant case victories throughout Florida.
• Decades of Combined Experience: Our team brings decades of combined experience to the table, ensuring that every client benefits from our vast knowledge and insights.

Following a DUI arrest in Fort Lauderdale, or anywhere in South Florida, you will face two types of cases. The first is an administrative case with the DMV (Florida Department of Highway Safety and Motor Vehicles, or DHSMV), which focuses on the suspension of your driver's license. The second is the criminal case, which takes place in the courts. Our DUI lawyers have extensive experience handling both types of cases throughout South Florida and can provide guidance on the best course of action for you.

We encourage anyone accused of a DUI Causing Serious Bodily Injury to consult with an DUI lawyer early in the process. To aid in deciding which attorney to hire, consider reading our Tips for Selecting a DUI Attorney.

Generally, DUI Manslaughter is charged as a second-degree felony. However, if the accused had reason to know that injury occurred and failed to stop and render aid, the charge may be filed as a first-degree felony. Under Florida Statute 316.193(1) and (3)(c)(3), to prove the crime of DUI Manslaughter is committed, the State of Florida must prove three (3) elements beyond a reasonable doubt:

First, they must demonstrate that the defendant either operated a vehicle or was in "actual physical control". This includes situations where the defendant was discovered inside or on the vehicle with the keys in the ignition, regardless of their intention to sleep off the effects of alcohol. However, if the vehicle was not functional at the time of the alleged offense, the defense of inoperability may be invoked.

The second element pertains to the defendant's impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be proven in two ways: either by showing that the defendant's normal faculties were affected, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises. These tests are designed to identify any minor slips, slurs, or missteps that may indicate impairment. Although officers claim that these exercises are not graded on a pass/fail basis, they are trained to closely observe any perceived mistakes made by the defendant.

The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem astonishing, but the police rely on these roadside assessments to determine a person's impairment. 

Additionally, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, such as falling asleep, are recorded and can be used as evidence against them during the trial.

Fo the third element in the case of a DUI Manslaughter, the State of Florida must show that the death was caused directly or indirectly (contributed to) by the accused. It means the state must prove that the causal link between the death and conduct of the impaired driver specifically.  Unfortunately, that causal link can be very weak. The accused need not be the sole cause.

Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process.  To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Broward, Miami-Dade, and Palm Beach County 

A DUI Causing Serious Bodily Injury is considered a felony offense under Florida law. The court is required to impose the following mandatory minimum requirements, unless the conviction is avoided:

• Mandatory adjudication of guilt
• Incarceration (jail): Minimum mandatory imprisonment of at least 48 months is required if convicted. Under the Criminal Punishment Code guidelines, the lowest possible sentence will be 124 1/2 months. However, this can be mitigated by the judge or through negotiations.
• Maximum Possible Incarceration: Up to fifteen (15) years. If charged as a first-degree felony, thirty (30) years.
• Probation: Up to fifteen (15) years
• Fine: the fine will range from $1,000 (first DUI conviction) to $10,000.
• Vehicle Impoundment: The vehicle will be impounded for 10 days.
• Community Service: 50 hours
• Driver License Revocation Period: Permanent revocation
• Hardship Reinstatement: The driver may be eligible for a hardship reinstatement after five (5) years.*
• DUI School: The driver must complete classroom instruction, undergo a substance abuse evaluation, and complete any recommended follow-up treatment.
• Ignition Interlock Device: the driver must install an ignition interlock device in their vehicle for at least five years if the driver obtains a hardship license.

It is important to note that these are the mandatory minimum requirements, and the court may impose additional penalties at their discretion. But, the court and your DUI lawyer may minimize or mitigate some of these, also. 

Naturally, these consequences can be enhanced in cases where the BAC exceeds .15, where a minor is a passenger, or where this is not a first DUI offense.

* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.

For CDL holders, pleading guilty or no contest to a DUI in a non-commercial vehicle results in a one-year administrative disqualification as a consequence of the first DUI plea. A second or subsequent DUI conviction will permanently render the driver ineligible to operate a commercial motor vehicle.

During the disqualification period for driving a commercial motor vehicle, there are no provisions for obtaining a hardship license to operate any type of commercial vehicle, whether it’s for business purposes or employment.

After five (5) years of abstaining from alcohol and driving, an individual becomes eligible to apply for a hardship driver’s license. To qualify, the person must complete DUI School and any recommended treatments if referred. Additionally, a favorable recommendation from the Special Supervision Services Program (SSSP) is necessary.

Once approved for reinstatement and the hardship license, the driver must visit the driver license office to:

1. Take the driver’s license examination.
2. Pay an administrative fee.
3. Pay a reinstatement fee.
4. Pay any license fee.
5. Show proof of bodily injury liability insurance with appropriate limits.

To retain the hardship license, the person must remain enrolled in the Special Supervision Services Program. However, it’s essential to note that the Florida Department of Highway Safety and Motor Vehicles (DHSMV) has the authority to dismiss a person from the SSSP and cancel the hardship license under specific circumstances, as outlined in sections 322.271(5)(c) and 322.28(5) of the Florida Statutes.