What is the Minimum Sentence for DUI Manslaughter in Florida?

Written by:Julian Stroleny PortraitJulian Stroleny

When you drink alcohol or use certain drugs, the substance can affect your ability to think, react, and make decisions. These abilities are critical for your safety as well as the safety of others on the road, especially when you are in actual physical control of a vehicle. Operating any vehicle while your capacity to do so cautiously is impaired is termed as “Driving Under the Influence”.

Florida takes DUI related offenses very seriously. If you are facing this charge, know that the law can be extremely harsh, so consulting with a criminal defense attorney is important to help understand the legal process and defend your rights.

In this guide, you will learn about the Florida laws governing DUI manslaughter convictions, including the minimum sentencing and how an experienced criminal defense attorney can help ensure you are treated fairly and achieve the best possible outcome. 

What is Considered DUI Manslaughter in Florida?

DUI manslaughter is a serious criminal offense where a person is accused of driving under the influence of alcohol or drugs, and as a result, directly contributes to the death of another person. Under Florida Statute 316.193, someone can be guilty of DUI manslaughter in two situations:

  • If the person’s normal faculties are compromised due to alcohol or drugs while operating a motor vehicle.
  • If their Blood Alcohol Content (BAC) is 0.08 or higher (if they are over 21 years old)

That said, if the driver is under the age of 21, Florida’s “Zero Tolerance” policy applies, according to which, the legal BAC for these young drivers is 0.02 or higher.

It should be noted that you can be charged with vehicular manslaughter even if your BAC legal limit is below 0.08 if the state can demonstrate that your ability to operate your car was impaired at the time of the collision that resulted in death. Additionally, this law also allows for prosecution for the death of an unborn fetus. For instance, if a pregnant woman dies, the defendant could face two counts of manslaughter.

Photo of Drunk Driving Statistics

Source: roadguardinterlock.com

First-Degree vs. Second-Degree DUI Manslaughter Charges in Florida

DUI manslaughter, also known as DUI homicide, is a felony in Florida, either first-degree or second-degree, depending on the circumstances:

Second-degree felony

This is the more common charge; it is applied when the intoxicated driver causes an accident that results in the death of another individual. The second-degree DUI manslaughter charge indicates that the death was unintentional but occurred as a result of the negligent or reckless behavior of driving under the influence.

First-degree felony

This is a more severe charge and is classified as a first-degree felony. It is applied in situations where the driver, in addition to being under the influence and causing a death, also leaves the scene of the crash. Florida law imposes a higher degree of culpability in these cases because the act of leaving the site shows a further disregard for the well-being of others. This aggravating factor significantly increases the seriousness of the offense.

Gun Laying On A Table With A Glass

What are the Penalties for Vehicular Homicide in Florida?

As per Florida’s Criminal Punishment Code, this is a Level 8 offense, where the severity of crimes is rated from 1 (least serious) to 10 (most serious). This should give you a clear understanding of how severe a DUI manslaughter charge can be.

The penalties depend on whether it is classified as a first-degree or second-degree felony.

In second-degree Florida DUI manslaughter cases, the person convicted can get:

  • Up to 15 years in state prison
  • Up to 15 years of probation
  • Up to $10,000 in fines
  • Permanent revocation of the driver’s license
  • Other penalties include community service, DUI school, substance abuse treatment, vehicle impoundment, and installation of an ignition interlock device if the person is ever eligible to drive again

In a first-degree DUI manslaughter case, the penalties are more severe:

  • Up to 30 years in state prison (including a mandatory minimum of 4 years in prison due to the leaving the scene component)
  • The length of probation can be as long as the prison sentence
  • Up to $10,000 in fines
  • Permanent revocation of the driver’s license
  • There could be additional penalties similar to those for second-degree charges

What is the Mandatory Minimum Sentence for DUI Manslaughter in Florida?

The 2023 Florida Statutes (including Special Session C) Section 316.193 clearly states that: “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”

However, there is a notable difference between the “mandatory minimum sentence” set by law and the “recommended sentencing guidelines” used in Florida. The Florida Criminal Punishment Code provides a framework for sentencing that includes a scoring system. This system takes into account several factors such as:

  • The nature of the offense
  • The defendant’s prior DUI convictions
  • The presence of any aggravating or mitigating circumstances (e.g., a defendant who cooperates with the police may get more leniency from the DUI manslaughter court, than the one who refuses to take any responsibility)

Based on this scoring, a recommended sentence is determined. While the general statutory minimum is 4 years, the Florida Criminal Punishment Code, which provides more detailed guidelines, sets a minimum sentence of 124 ½ months (just over 10 years) for vehicular homicide, absent any downward departures authorized or plea bargains by the court.

Simply put, the base legal minimum is 4 years, but the actual sentence may start at around 10 years. It all depends on the specifics of the case. This higher recommendation is due to the severity of the crime and its impact on victims and the community.

Potential Defenses Your Florida DUI Attorney Might Use

If you are facing DUI manslaughter charges in Florida, you need a skilled DUI defense attorney who can explore a number of strategies to challenge the prosecution’s case. Of course, the effectiveness of these defenses relies heavily on what type of evidence is available and how experienced your lawyer is. A dedicated Florida DUI manslaughter defense lawyer will leave no stone unturned to poke holes in the prosecution’s claims and vigorously present your defense in court to achieve the best possible outcome in your favor.

To give you an idea, at Stroleny Law: Criminal Defense Attorney, some of the most common defense strategies we may use in Florida DUI manslaughter cases include:

  • Arguing that the initial stop by the law enforcement officer was illegal and that they had insufficient probable cause or no reasonable suspicion.
  • Contesting the accuracy of field sobriety and breathalyzer tests (e.g., the equipment was not properly calibrated or you have a medical condition that compromised the efficacy of these tests).
  • Challenging the timing and method of blood alcohol level testing; we might argue that your BAC was below the legal limit at the time of driving and rose to an illegal level by the time the test was administered.
  • Arguing that your intoxication was not the cause of death or serious bodily injury; instead, there was another factor (such as actions of the other driver, road conditions, or mechanical failures).
  • Questioning the proof of impairment presented by the prosecution; we may establish that it was not intoxication, but stress, illness, or fatigue.
  • Highlighting any violations of your constitutional rights during the investigation, arrest, or evidence gathering.
  • Calling in expert witnesses in fields like toxicology, accident reconstruction, or medicine to challenge the prosecution’s interpretations and present alternative explanations.
  • Negotiating a plea bargain for a lesser charge or reduced sentence (only if the evidence against you is strong).
  • Pointing out the lack of a defendant’s criminal history to argue for leniency (if you have no prior DUI conviction or a clean record)
  • In some cases, showing the considerable personal and professional consequences you face can help negotiate a more favorable outcome.

Choose Stroleny Law: Criminal Defense Attorney for a Strong DUI Manslaughter Defense in Miami

If you or a loved one is facing a criminal charge as substantial as vehicular manslaughter in Florida, we encourage you to consult with us right away. Attorney Julian Stroleny was the assistant state attorney at the Miami-Dade State Attorney’s Office and has a deep insight into how the criminal justice system in the state works, and what defense strategies can be used to avoid DUI manslaughter convictions. Attorney Stroleny’s extensive knowledge of the Florida statutes regarding DUI crimes and his vigorous courtroom defense of his clients can make the difference between a conviction and the possibility of a dismissal or reduction of charges. Call us at 305-615-1285 or schedule your consultation online today.

Read More: What is the legal limit for alcohol in Florida?


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