DUI Manslaughter In Okaloosa County or Walton County

Under Florida Statute 316.193(3)(c)3, a person that drives under the influence and causes the death of another human being or an unborn child commits DUI manslaughter.

Driving under the influence may be driving a car with a blood or breath alcohol level of 0.08 or more grams of alcohol, or driving under the influence of any chemical substance to the extent that the person’s normal faculties are impaired.

The elements of DUI are that a person:

1. drove a vehicle;
2. was intoxicated while driving the vehicle, and;
3. during the operation of the vehicle caused or contributed to the death of another human being or unborn child.

The Florida Supreme Court has held that any deviation or lack of care on the part of the defendant may satisfy the causation element.

DUI manslaughter is a second-degree felony punishable by up to fifteen years prison and/or probation and a $10,000 fine.

If the defendant failed to give information and render aid and give information as required by law, the DUI manslaughter charge is elevated to a first-degree felony punishable by up to thirty years or prison and/or probation and a $15,000 fine.

In addition, the offender’s driving privileges shall be revoked for life. Under the Florida Criminal Punishment Code scoresheet system, an offender with no prior criminal record will immediately score out to over ten years prison if convicted of DUI manslaughter.

Numerous defenses exist to the charge of DUI manslaughter. The defense may use an accident reconstruction expert to show that the defendant’s actions did not cause or contribute to the victim’s death.

Further expert testimony may be utilized to show that the defendant was not intoxicated at the time of the crash.

If you or a family member has been arrested for DUI Manslaughter in Okaloosa County or Walton County, give Lupella & Rehr a call at (850) 362-6655 for a free consultation and together, we’ll review what will happen and how we can help.