Regardless of the circumstances, any traffic accident that results in a fatality is a terrible and tragic event for all parties involved. With such a devastating outcome, DUI Manslaughter cases in Okaloosa County are prosecuted to the fullest extent and you will be faced with the real possibility of prison time.
My name is Tim Flaherty. My partner, Brandy Merrifield, and I focus our practice 100% on Criminal & DUI Defense. If you have been charged with DUI Manslaughter, call us at (850) 243-6097 to schedule your free consultation. Our Okaloosa County DUI manslaughter lawyers will not judge you or make you feel worse than you already do. We will help you.
Overview of DUI Manslaughter Under Florida Law
If a person driving under the influence of alcohol or illegal substances causes an accident in which someone is killed, that person can expect to be charged with DUI Manslaughter and face a lengthy prison sentence.
DUI Manslaughter Definition
Under Florida Statute 316.193(1) and 316.193(3)(c)(3), DUI Manslaughter is committed in Florida when a person:
- Drives a vehicle, or is found to be in actual physical control of a vehicle and the person is either:
- Under the influence of alcoholic beverages or any chemical or controlled substance, when affected to the extent that the person’s normal faculties are impaired; or
- Has a breath-alcohol level of 0.08 or higher; or
- Has a blood-alcohol level of 0.08 or higher, and
- And causes the death of another human being or unborn child.
What is the penalty for DUI Manslaughter in Okaloosa County?
DUI Manslaughter is a second degree felony offense in the State of Florida, which means you are facing up to 15 years in the Department of Corrections.
In addition, under section 316.193(3), Florida Statutes, “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”
If you are accused of failing to render aid or leaving the scene of an accident while under the influence of alcohol or controlled substances, and there is a death as a result, the charges can be enhanced to a first degree felony, allowing the court to sentence you to up to 30 years in prison.
What can an Okaloosa County criminal lawyer do for me?
While you may feel like there is no hope for your case, there are options available to you to minimize the negative effects of being arrested for DUI Manslaughter. In all criminal cases, there are a number of pretrial and trial defenses that can be raised to win your case or lessen the punishment.
In addition to the standard case review we do in every case, there are also many things we investigate and dissect in order to effectively defend you. We will not stop until we have explored every available option.
If you have been charged with DUI Manslaughter in in Fort Walton Beach, call Flaherty & Merrifield at (850) 243-6097 for a free, confidential case review.