Okaloosa County DUI Manslaughter Attorney
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 of a lethal accident, DUI Manslaughter cases in Okaloosa County are vigorously prosecuted and if you are charged, you will face the very real possibility of prison time. While our firm empathizes with these cases, we also firmly believe that each and every person charged with DUI Manslaughter deserves an aggressive defense.
If you or a loved one has been charged with DUI Manslaughter, call our office to schedule your free consultation. We will not judge you or make you feel worse than you already do. We will discuss all options available to you and give you an overview of what defense we will prepare for you. Don’t leave your future in the hands of someone who doesn’t truly care about your future and call Flaherty Defense Firm, 24 hours a day, 7 days a week to discuss how we can put our 16 years of experience to work for you.
Overview of DUI Manslaughter Under Florida Law
Driving under the influence is a serious crime in Okaloosa County and throughout Florida. If a person driving under the influence of alcohol or illegal substances causes an accident in which another party is killed, that person can expect to be charged with DUI Manslaughter. Under Florida law, not only can you be sentenced to prison time, this crime also carries harsh administrative penalties through the DMV such as the likelihood that your driver’s license will be permanently revoked.
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 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 four 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 DUI Manslaughter lawyer do for me?
While you may feel like there is no hope for your case, I want you to know that 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 by a skilled criminal defense attorney to win your case or lessen the punishment. In addition to the standard case review that we do in each and every case, there are also many things we investigate and dissect in order to effectively defend you. Just a few examples include insufficient probable cause, illegal traffic stop, operational errors with the Intoxilyzer 8000, illegal blood draw, and improperly instructed field sobriety tests. We will not stop until we have explored every option that does not result in a prison sentence.
Call your Okaloosa County DUI Manslaughter Attorney
If you have been charged with DUI Manslaughter in Okaloosa County, your life is on hold pending your court case. You may have experienced backlash from the media due to this unfortunate incident and don’t know where to turn for help. We have been defending people charged with felonies in Okaloosa County for over 16 years and have the reputation, knowledge and expertise to defend you. Time is of the essence, so call us today. Our team is ready to take the stress of this nightmare from you. You are facing a mandatory four year prison sentence, so the time to take action is now. Call us today to schedule your free consultation and find out exactly what it will take to fight this charge.
If you have been charged with DUI Manslaughter in Okaloosa County and you are ready to put a professional criminal defense team to work for you, call Flaherty Defense Firm at (850) 243-6097 and schedule your free, confidential consultation.