DUI and DUI Manslaughter in Florida

November 5, 2018 Don Pumphrey, Jr. Drunk Driving/DUI DUI, dui manslaughter Social Share

What you need to know about DUI and DUI Manslaughter in Florida

Chapter 316.193 Florida Statute.

Every case is different.  If you, or someone you know, are facing a DUI Manslaughter or even a possible DUI that involves death or great bodily harm, read this article and contact our office if the incident happened in the State of Florida.   A case of this magnitude involving a death and someone being accused of being impaired while under the influence of an alcoholic beverage or controlled substance needs to be handled by an experienced attorney. In this instance, the defendant is accused of being intoxicated to the extent their normal faculties are impaired or they have a blood or breath alcohol level in excess of .08 (depending on breath or blood) pursuant to Florida Statutes Chapter 316.

In order to position a case for a successful outcome against a DUI prosecution, you must hire an attorney with experience in challenging (and ultimate goal to defeat) any prosecution for DUI Manslaughter.  In Florida, a violation of Chapter 316.193 commonly known as Florida’s DUI and DUI Manslaughter Statute, has certain requirements to prove that the person being prosecuted was Driving under the influence (driving or in actual physical control) of a motor vehicle.

A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within the State of Florida and:

• The person is under the influence of alcoholic beverages, any chemical substance as set forth in s. 877.11, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
• The person has a blood-alcohol level of .08 or more grams of alcohol per 100 milliliters of blood; or
• The person has a breath-alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:
2. Not less than $500 or more than $1,000 for a first conviction
3. Not less than $1,000 or more than $2,000 for a second conviction; and
4. By imprisonment for:
5. Not more than 6 months for a first conviction.
6. Not more than 9 months for a second conviction.

The foregoing outlines the requirements for simple DUI and the penalties, however, penalties for DUI increase when the death of a human being or unborn child occurs.  Anytime you have a situation involving a death under this statute many other factors outside the statute are required to be evaluated in order to position the case for a positive and successful outcome.

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